MSNBC legal analyst Danny Cevallos pushed back on the notion that President Donald Trump was creating a « constitutional crisis » during an appearance on « Morning Joe » on Tuesday.
« I think we need to be careful with the term ‘constitutional crisis’ because, as I define it, that would be a situation where the Constitution doesn’t have an answer and there is a pressing conflict, » Cevallos said. « The flurry of executive orders, the chaos, that I think doesn’t get us to crisis yet. It is irritating for the courts, it is challenging. It could lead to a serious problem if, as you said, they become too congested with dealing with these orders. »
MSNBC host Mika Brzezinski referenced The New York Times, who published a report with several legal scholars arguing that Trump was creating a « constitutional crisis. »
« The crisis occurs and we’ve already talked about it at the moment when there is a court order and the president or the administration refuses to follow it, because historically, we don’t really have a clear answer for what to do in that situation, » he added.
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Democrats, including Sen. Chris Murphy, D-Conn., also argued that Trump was creating a constitutional crisis.
Cevallos also said that Trump issued flurries of executive orders in his first term and he was doing the same in his second.
« Issuing a bunch of executive orders, not only do we know that the courts can handle it, they already did this back in 2017. This is the same M.O. The Trump administration then would just fire out executive orders – it felt like they weren’t even spell checking them, » he said. « And then they would let the courts prune them like the proverbial bonsai tree, or they would just withdraw them and go back to the drawing board. It’s probably not the most efficient way of doing it. It’s chaotic. As you said, it’s problematic. »
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« But ‘constitutional crisis’ for me is the moment the court issues an order and the administration resists. You could say that the last notable occurrence was when [former President Richard] Nixon initially refused to comply with a subpoena issued by the Supreme Court. Eventually he capitulated, » Cevallos added. « But history is full of these near-crisis examples. The question is, what do we do going forward? »
Several of the Trump administration’s actions, such as the federal funding freeze and the barring of the Department of Government Efficiency’s (DOGE) access to personal data, have been challenged by Democratic attorneys general and several states that took issue with the executive orders.
Trump and Vice President JD Vance have pushed back on the restraining orders from the judges.
The president’s DOJ specifically said that the judge’s decision to bar the Department of Government Efficiency (DOGE) from accessing personal data was « anti-constitutional. »
Source link : https://www.foxnews.com/media/msnbc-legal-analyst-pushes-back-morning-joe-co-hosts-sounding-alarm-constitutional-crisis
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Publish date : 2025-02-11 17:44:00
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