Former Government Officials Amicus Brief in Support of Plaintiff

Key Excerpts

• As officials and advisers who regularly dealt with issues related to national security on behalf of administrations from both of the major political parties, Amici have an interest in preventing the specious invocation of national security reflected in the Order.
• In Amici’s experience, this Order is not only unprecedented, but actually defies the historical precedents on which this Country was founded—precedents which all prior Presidents have sought to honor.
• Amici submit that there is no general national security power or statute that empowers the President to sanction U.S. citizens simply because they disagree with him. The national security policymakers among Amici would never have recommended that such an Order be imposed. If asked, the national security lawyers among Amici would have advised their clients that such an unprecedented executive order is illegal, because it was issued without colorable legal authority and in violation of the separation of powers.