Looks like Stephen Miller is in charge of creating new travel ban order [View all]

[suffragette]

https://www.theguardian.com/us-news/2017/feb/17/trump-updated-travel-ban-minimal-input-national-security

Donald Trump’s controversial executive order banning travel from seven Muslim-majority countries is being tightened up to get around legal and constitutional objections with minimal input from the National Security Council, the Guardian has learned.

White House policy director Stephen Miller is at the helm as the process for refugee and immigration policy is going through the domestic policy council, which does not include most of the government’s foreign policy or security-related agencies.

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More than 1,000 US diplomats have signed a dissent to the travel ban Trump issued last month, which is currently blocked by the courts, objecting on the grounds that it will have a deleterious impact on the US’s security and international reputation. Their signatures came before the current process of revision through the DPC, on which the state department does not have a seat.

Though sources cautioned that deliberations on the new order are fluid and ongoing, the initial discussions of the imminent order contradict the justice department’s promise to the ninth circuit court of appeals of a “substantially revised executive order”.

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Something I'm not seeing reported about this is that the WA Solicitor General was having his team investigate discovery and depositions into the original travel ban as part of the court case in order to uncover who was involved in the decision and what their intent was.

I would guess that since the White House decided to drop the appeal, that won't happen now. I think it's likely that is a major reason why they aren't appealing. They knew their unconstitutional process would be entirely and legally exposed.