It’s Not Foreigners Who are Plotting Here

Nora Ellingsen writes for LawFare:

A little more than a week ago, Benjamin Wittes posted a piece about the malevolence and incompetence of Trump’s Executive Order on visas and refugees—an order that, in his words, is both wildly over-inclusive and wildly under-inclusive. If we take the ban and its stated purpose at face value (which Ben argued we should not), at best, the ban is ineffective and fails “to protect Americans.” At worst, as many experts have suggested over the past few weeks, the Executive Order is completely counterproductive. As ten bipartisan former national security officials—four of whom were briefed regularly on all credible terrorist threat streams against the U.S. as recently as a week before the EO—said in a legal brief on Monday:

We view the order as one that ultimately undermines the national security of the United States, rather than making us safer…It could do long-term damage to our national security and foreign policy interests, endangering U.S. troops in the field and disrupting counterterrorism and national security partnerships.

Ben’s piece touched a nerve. It has received nearly half a million pageviews, according to Google Analytics, and was featured this week on This American Life.

In this post, I want to follow up on and flesh out an aspect of the piece that has gotten a lot of attention but much of it in the vein of repetition, not elucidation. Specifically, Ben pointed to some of the most compelling empirical evidence on the issue of ineffectiveness: the EO wouldn’t have blocked the entry of any of the individuals responsible for recent terrorist attacks on American soil. Other media organizations have elaborated on the theme, with various news outlets running stories showing that no one from any of the seven countries included in the Executive Order has carried out a fatal attack on U.S. soil since 9/11. But there’s more to say on this subject and more data to share on it, and I suppose I’m as good a person as any to shed some light.

READ MORE…

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