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Comment by seanmcdirmid | Hacker News Reader

Completely expected. Trump doesn’t really have a good track record in coming up with legal executive orders, while Tiktok is completely in their rights to contest this order. And...judicial review is what sets the USA apart from China.

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You realize US presidents have imposed embargo via executive orders against nations for decades right? Cuba? Huawei?

Whether you think it's right or wrong, legally, it has prescient.

That's not what he means. They consistently pass exec orders that at the core would be legal, if they allowed for due process, but they rush it or are incompetent so they get overturned.

In this case, the order bans any US citizen from doing business with ByteDance, and doesn't make a carve out for retaining a US lawyer, which is a violation of due process and means a judge could overturn the order.

If they just added that carve out, it would probably be entirely legally defensible. That one dumb mis-step could mean it gets overturned. This keeps happening with the Trump admin, it's the same reason the DACA repeal was overturned by the supreme court.

There is no requirement that US based lawyers must be US citizens.

There is very much a constitutional requirement that the government can't tell you you can't have the lawyer you want because they are a US citizen. That's a clear violation of the 14th amendment right to due process...

Since when does the US apply its constitutional rights to foreign entities?

A part of due process is the opportunity to be represented by counsel. Unless there are few or no quality lawyers who are not US citizens, I don't see how this would infringe on anyone's due process. Not being able to get the exact lawyer you want is not the same as your due process being violated.

> Not being able to get the exact lawyer you want is not the same as your due process being violated.

It absolutely is.

precedent

The argument is that those presidents were generally smarter and more capable then Trump. Their executive orders were actually legal or if dubious, they were illegal in way that practically passed.

Trump does not seem to posses that ability. His strengths in in completely different areas.

Yes, but Trump, again, doesn’t have a good track record here. There are powers they have and powers they don’t have, they have to read up on law and tread carefully, Trump and whatever advisers he is listening to haven’t been shown to be apt at that.

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