CNN’s Honig: What Trump Is Doing Is Not Unconstitutional, ‘Where We Cross a Line Is If He Starts Defying the Courts’

BERMAN: “So, to what extent, Elie, do you think that the White House, the Trump White House, knows this and this is a concerted strategy? I ask you this because I read this renowned legal scholar over the last few days who said that the White House is engaging in what’s called a make-me strategy.”
HONIG: “So I’ve heard that scholar is a little shaky in some of his opinions. Yeah, look, the strategy that Donald Trump has used here so far is he’s going to do what he wants first, and then he’s going to make plaintiffs, he’s going to make state attorneys general, he’s going to make private citizens go sue him in court. If they want to stop him from doing what he wants, they have to make him. So that’s definitely been a strategy by the president, but that’s not unconstitutional. Where it crosses a line is if that happens, he goes into court and the court says, you’re not allowed to do this executive Branch, or I’m putting it on hold, I’m putting an injunction, and then if the president or the executive Branch defies that, that’s where we get into real trouble here. So for sure, Donald Trump has taken a conscious legal strategy of, I’m going to do what I want, maybe I’ll lose in the courts, that’s fine, I mean, I think there’s problems in that, but that’s not unconstitutional. Where we cross the line is if he starts defying the courts.”
BERMAN: “Just to be clear, it was Elie Honig, who was a renowned legal scholar writing about the make-me strategy. And in 20 seconds or less, the Supreme Court, this Supreme Court, do we have any hints about where they may be predisposed to go on how much power an executive has?”
HONIG: “You know, this Supreme Court has generally been taking a broad view of executive power, but I also think it’s a mistake to say, oh, they’re a 6-3 Supreme Court, they ruled in favor of Trump on immunity, they’re going to do whatever he said. They have rejected Donald Trump at many key junctures. They rejected his election fraud claims, they rejected some of his efforts to stop prosecutors from taking steps against him. They rejected his efforts to resist a subpoena. So I think this Supreme Court will not tolerate if the executive Branch crosses that line of defying the courts.”
BERMAN: “Yeah. And also Congress. When Congress writes laws with specific language, this court seems to give deference to that. Elie Honig, great to see you this morning. Congratulations on your big win.”
HONIG: “Thanks, John.”
BERMAN: “I know you played hard. Sara.”
HONIG: “Thank you.”