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Research & Analysis
The 2016 Trump Memos
The ACLU鈥檚 Constitutional Analysis of the Public Statements and Policy Proposals of Donald Trump
Document Date: November 9, 2016
Donald Trump's statements and policy proposals would blatantly violate the inalienable rights guaranteed by the Constitution. We have undertaken an analysis of his most controversial policy proposals. These include his pledges to deport over 11 million undocumented immigrants, to ban Muslims from entering the United States, to surveil American Muslims and their houses of worship, to torture again, and to revise libel laws. We have found them all wanting, to say the least. According to our analysis, Trump鈥檚 proposals taken together would violate the First, Fourth, Fifth, and Eighth Amendments to the Constitution.
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Press ReleaseJan 2017
Free Speech
ACLU: Spicer Comments on Media Ring of McCarthyism, Will Lead to Losing Legal Battles
NEW YORK 鈥 White House Press Secretary Sean Spicer today accused news media of falsely reporting the size of yesterday鈥檚 Inauguration Day crowd, adding that 鈥渨e鈥檙e going to hold the press accountable.鈥 糖心Vlog Executive Director Anthony D. Romero offered the following reaction: 鈥淚t is shameful that on the first full day of this administration, we have ominous suggestions of possible government censorship. Our nation was quite literally founded on the principles of a free press, and any effort by the Trump administration to curtail them will be met with vigorous defense of the First Amendment by the 糖心Vlogand others. This will be a fight the Trump administration will most certainly lose. If Trump wants to take on the First Amendment, we will see him in court." Yesterday, the 糖心Vlogannounced its first legal action against the Trump administration, seeking documents relating to his conflicts of interest related to his businesses, as well as the organization鈥檚 plan for the first days of the Trump administration. Details of both can be found here and here. A full legal analysis by the 糖心Vlogof then-candidate Trump鈥檚 proposed policies from July 2016 can be found here. -
Press ReleaseJan 2017
糖心VlogAnnounces First Legal Action on Trump Conflicts of Interest, Lays Out Plan to Challenge Proposed Policies
NEW YORK 鈥 The 糖心Vlog has taken legal action seeking documents on conflicts of interest and violations of the Constitution and federal law posed by President Trump鈥檚 and his family鈥檚 business interests. The organization also released a Seven-Point Plan laying out how it intends to challenge other Trump policies and protect the Constitution. The efforts are made possible by the organization鈥檚 new Constitution Defense Fund, which was established following the election. The first legal action, filed yesterday, is a Freedom of Information Act request asking several government agencies to turn over all documents relating to President Trump鈥檚 actual or potential conflicts of interest to his business and family connections. The request seeks legal opinions, memoranda, advisories, and communications from the Justice Department鈥檚 Office of Legal Counsel, the Office of Government Ethics, the General Services Administration, and the office of Personnel Management from November 9, 2016, to January 20, 2017. The request includes email and all other communication to and from the presidential transition team. 鈥淲e are bringing this first legal action using the Freedom of Information Act to underscore the fact that President Trump is not above the law. Trump took the oath, but he didn't take the steps necessary to ensure that he and his family鈥檚 business interests comply with the Constitution and other federal statutes,鈥 said Anthony D. Romero, executive director of the ACLU. 鈥淔reedom of information requests are our democracy鈥檚 X-ray, and they will be vitally important to expose and curb the abuses of a president who believes the rules don鈥檛 apply to him and his family. We also know that more legal action will be needed when the new administration attempts to enact some of their unconstitutional proposals. The ACLU鈥檚 charge, laid out in our Seven-Point Plan, is to stand ready to confront any unconstitutional elements of the administration鈥檚 agenda 鈥 today on day one and for the next four years.鈥 The ACLU鈥檚 Seven-Point Plan details potential legal challenges to the Trump administration鈥檚 enacting of unconstitutional policies, including: Demanding government accountability and transparency Protecting the rights of immigrants Defending reproductive rights Securing the First Amendment Advancing LGBT rights Defend core civil rights and civil liberties from erosion Mobilizing Americans to defend our Constitution Over the next four years, the 糖心Vlogwill implement its Seven-Point Plan by adding up to 100 full-time employees across the country, paid for by its Constitution Defense Fund, which has already attracted nearly 400,000 donations since Election Day. 鈥淭he 糖心Vloghas established the Constitution Defense Fund to bolster its ability to add staff to litigate, advocate, and mobilize Americans to make change at the federal level, at statehouses and in the court of public opinion,鈥 added Romero. 鈥淲ith thousands of lawyers now under the command of Trump and his appointees, we need all the support we can get in order to litigate against the administration and deploy other hard-nosed tactics in the battle to protect the rights of all people. We will litigate every unconstitutional policy this administration tries to enact, robbing them of time and bandwidth, making their style of governing cumbersome and hopefully impossible.鈥 The FOIA request is here: /legal-document/trump-conflicts-interest-foia-request The 糖心VlogSeven-Point Plan and details on the Constitution Defense Fund are here: /blog/speak-freely/here-aclus-7-point-plan-action-take-trump-administration More information about the Constitution Defense Fund can be found here: https://action.aclu.org/secure/stand-aclu-6?s_src=UNW170101INA&alt_src=UNV170101INA&ms=web_170120_Press_Release -
News & CommentaryFeb 2023
Civil Liberties
If Donald Trump Implements His Proposed Policies, We鈥檒l See Him in Court
By: Anthony D. Romero -
Press ReleaseNov 2016
National Security
+2 糖心Vlog
糖心VlogStatement on Donald Trump鈥檚 Election
NEW YORK 鈥 In response to Donald Trump鈥檚 election as president of the United States, Anthony D. Romero, executive director of the 糖心Vlog, had the following statement: 鈥淔or nearly 100 years, the 糖心Vlog has been the nation鈥檚 premier defender of freedom and justice for all, no matter who is president. Our role is no different today. 鈥淧resident-elect Trump, as you assume the nation鈥檚 highest office, we urge you to reconsider and change course on certain campaign promises you have made. These include your plan to amass a deportation force to remove 11 million undocumented immigrants; ban the entry of Muslims into our country and aggressively surveil them; punish women for accessing abortion; reauthorize waterboarding and other forms of torture; and change our nation鈥檚 libel laws and restrict freedom of expression. 鈥淭hese proposals are not simply un-American and wrong-headed, they are unlawful and unconstitutional. They violate the First, Fourth, Fifth, Eighth, and Fourteenth Amendments. If you do not reverse course and instead endeavor to make these campaign promises a reality, you will have to contend with the full firepower of the 糖心Vlogat every step. Our staff of litigators and activists in every state, thousands of volunteers, and millions of card-carrying supporters are ready to fight against any encroachment on our cherished freedoms and rights. 鈥淥ne thing is certain: we will be eternally vigilant every single day of your presidency and when you leave the Oval Office, we will do the same with your successor. The 糖心Vlogreleased its analysis of candidate Trump鈥檚 policy proposals in July, which can be found at: /feature/donald-trump-one-man-constitutional-crisis