Latest / NO FILTER / _Full on assault__ Harvard commencement clouded by Trump legal battle(MP3_160K)
Transcript
- 0:00Speaker 1: I want to bring an NBC's Antonia Hilton, who was
- 0:02Speaker 1: at Harvard in Cambridge, Massachusetts, Peter Bakery's chief White House
- 0:06Speaker 1: correspondent for the New York Times, and an MSNBC political
- 0:09Speaker 1: analyst with me here in studio. MSNBC legal correspondent Lisa
- 0:13Speaker 1: Rubin and James Sample, law professor at Hofstra and former
- 0:16Speaker 1: attorney at the Brendan Centers for Justice Democracy Program. Lisa,
- 0:20Speaker 1: give us a rundown what happened in court today.
- 0:22Speaker 2: What happened in court today, Chris, was very short, and
- 0:25Speaker 2: you recapped it really nicely. The judge leaving in place
- 0:27Speaker 2: a temporary restraining order, although telling the parties that they
- 0:30Speaker 2: may negotiate some language about what that restraining order looks like.
- 0:35Speaker 2: The reason today, though was so short and wasn't what
- 0:37Speaker 2: we expected, is because at the eleventh hour, the administration
- 0:40Speaker 2: sent a letter to Harvard doing what it should have
- 0:43Speaker 2: done all along, which is informing them of their notice
- 0:46Speaker 2: to withdraw Harvard from the program that allows that to
- 0:50Speaker 2: enroll foreign students. You'll remember that a few weeks ago
- 0:53Speaker 2: the administration went to Harvard and said, we are immediately
- 0:55Speaker 2: revoking your certification under the CEVP program. That's the program
- 0:59Speaker 2: that allowed universities all over the country to enroll foreign students.
- 1:03Speaker 2: Now they've sort of gone back on that and are
- 1:05Speaker 2: abiding by the regulatory framework that exists for when you
- 1:09Speaker 2: can terminate a university's program. In light of that, Harvard
- 1:12Speaker 2: now has thirty days to go back to the Department
- 1:15Speaker 2: of Homeland Security with evidence, including sworn declarations and otherwise
- 1:19Speaker 2: to say no, we have complied with our obligations. But
- 1:22Speaker 2: that also means that a preliminary injunction would not have
- 1:26Speaker 2: been appropriate because there's still process to play out between
- 1:29Speaker 2: Harvard and the Department of Homeland Security.
- 1:31Speaker 1: And James I noted that Harvard's attorney seemed to be
- 1:33Speaker 1: looking for more from that this is a chaotic situation
- 1:36Speaker 1: for the university, for the students. So is there more
- 1:39Speaker 1: that the judge could and maybe should have done.
- 1:41Speaker 3: Well, there's more that can be done in the future,
- 1:44Speaker 3: But I think that the judge made the proper decision
- 1:46Speaker 3: in terms of what she did today, in the sense that, as.
- 1:49Speaker 4: Lisa said, there are still processes.
- 1:52Speaker 3: To play out, and in a sense, the tro here
- 1:55Speaker 3: was not just about constitutional issues First Amendment and the
- 1:58Speaker 3: Fifth Amendment do process, but also about the Administrative Procedure Act,
- 2:02Speaker 3: which basically says, statutorially, there's a process.
- 2:06Speaker 4: That you, the government need to follow.
- 2:07Speaker 3: It's not that the government doesn't potentially have the power
- 2:11Speaker 3: to do some of the things that it's trying to
- 2:12Speaker 3: do here. Potentially they do, but they have to follow
- 2:15Speaker 3: the processes that are set forth in the law. And
- 2:18Speaker 3: the judge is essentially saying on Friday, that didn't happen here.
- 2:22Speaker 3: Now the government, faced with that ruling, face with the
- 2:25Speaker 3: specter of further consequences, further adverse rulings.
- 2:28Speaker 4: Is essentially we're at a pause. This is a stay.
- 2:32Speaker 3: That's a totally appropriate thing for a tro and essentially
- 2:35Speaker 3: saying come back to us, we'll see where we are.
- 2:39Speaker 3: It may be thirty days.
- 2:40Speaker 4: It may be less than that.
- 2:41Speaker 3: But I think it's appropriately cautious on the part of
- 2:45Speaker 3: the judge to say we'll see before we make any
- 2:47Speaker 3: further rules. Harvard's not in an enviable position here, even
- 2:50Speaker 3: though they're likely to keep winning.
- 2:52Speaker 1: They would argue they're in a terrible position, and then
- 2:54Speaker 1: their students are in absolutition. Right, Well, let's go to Harvard, Antonio.
- 2:57Speaker 1: What is the mood on campus today? It is graduate day,
- 3:00Speaker 1: after all, should be all celebratory.
- 3:04Speaker 5: Well, you know, the good news is a lot of
- 3:06Speaker 5: the students here are still celebrating, and there is this
- 3:09Speaker 5: sort of air of defiance baked into all of that.
- 3:12Speaker 5: There is not a single person here who is not
- 3:14Speaker 5: aware of the split screen that they're here in the
- 3:17Speaker 5: Harvard Yard reflecting on the last four or so years
- 3:20Speaker 5: of their lives, while there are lawyers in there trying
- 3:24Speaker 5: to defend essentially the rights of other students to come
- 3:27Speaker 5: to this campus and engage in the same community.
- 3:31Speaker 4: Everyone.
- 3:31Speaker 5: That's on everyone's mind at the moment. The reality is, though,
- 3:35Speaker 5: that even with this restraining order in place, even if
- 3:39Speaker 5: Harvard keeps winning, it has destabilized everything. So if you
- 3:43Speaker 5: are say seventeen or eighteen years old, and you were
- 3:46Speaker 5: planning to come to the United States for the very
- 3:47Speaker 5: first time this fall, no matter what you're really told,
- 3:51Speaker 5: you're probably a bit shaken right now by this news.
- 3:54Speaker 5: And in fact, that was on the mind of one
- 3:56Speaker 5: international student that I spoke to this morning before he
- 3:59Speaker 5: processed to graduation. Take a little listen to our conversation.
- 4:04Speaker 2: Trump threat against Harvard are truly hanging over this.
- 4:08Speaker 1: Without the international students Harvard is not Harvard anymore.
- 4:12Speaker 2: You know, we might be the last international fast in
- 4:15Speaker 2: a while.
- 4:16Speaker 4: Everyone is truly united and realized.
- 4:18Speaker 2: So that you know what Trump is doing.
- 4:20Speaker 1: It's like it's a full lot assault that at university.
- 4:24Speaker 5: We saw President Alan Garber get a standing ovation this morning.
- 4:29Speaker 5: He got a standing ovation yesterday at another pre graduation celebration.
- 4:34Speaker 5: He's become something of a folk hero now here in
- 4:37Speaker 5: the Boston area, and not just to Harvard students and
- 4:41Speaker 5: faculty members, but actually to people at all the universities
- 4:44Speaker 5: that are very afraid that the kind of conflict that
- 4:47Speaker 5: we see playing out at this campus is soon going
- 4:50Speaker 5: to come to them. What I keep hearing from faculty,
- 4:53Speaker 5: even conservative faculty who perhaps agree with the Trump administration
- 4:57Speaker 5: on some of their accusations or broader idea, is that
- 5:01Speaker 5: what's at stake here is are we going to allow
- 5:03Speaker 5: the president of the United States to be able to
- 5:05Speaker 5: tell private or public institutions of higher learning what they
- 5:09Speaker 5: can teach, who they can hire and give tenure two
- 5:12Speaker 5: and really.
- 5:13Speaker 4: Reshape and try.
- 5:15Speaker 5: To mold schools into their specific ideological project. Everyone on
- 5:20Speaker 5: both ends of the spectrum here at this school, in
- 5:22Speaker 5: this area, they reject that, and certainly schools with fewer
- 5:26Speaker 5: resources than Harvard has, they're really looking to this school
- 5:29Speaker 5: to stay in the fight. And so I had a
- 5:32Speaker 5: chance to speak with someone in Harvard leadership and what
- 5:35Speaker 5: they said is, no matter how bruising this process may be,
- 5:38Speaker 5: the reality is they feel that they have to do it.
- 5:41Speaker 5: They have no other choice because of what is at
- 5:44Speaker 5: stake here.
- 5:45Speaker 1: Chris, no doubt the stakes are high, Antonia, Thank you
- 5:48Speaker 1: for that, James. According to the Harvard Crimson they interviewed
- 5:51Speaker 1: the person who's in charge of the international program there,
- 5:54Speaker 1: and here's part of what was said. Students skipped graduation ceremonies,
- 5:58Speaker 1: canceled international travel, and in some cases began seeking transfer.
- 6:03Speaker 1: Some also reported fears of being forced to return to
- 6:06Speaker 1: countries where they face active conflict or political persecution.
- 6:11Speaker 4: Did they have.
- 6:12Speaker 1: Reason to be afraid because this hearing, again, while it
- 6:16Speaker 1: may be legally appropriate, was not necessarily helpful to them
- 6:20Speaker 1: and the way they wanted.
- 6:21Speaker 3: It to be. I think that's a very well framed question, Chris.
- 6:25Speaker 3: I mean, the students here are collateral damage in the
- 6:28Speaker 3: Trump administration's personal vendetta against an institution and against institutions
- 6:34Speaker 3: of higher learning in general. Right, the students are the
- 6:37Speaker 3: ones who will suffer the consequences, but so will American
- 6:41Speaker 3: soft power. We've seen this in other contexts as well.
- 6:44Speaker 4: You know.
- 6:44Speaker 3: Bringing it's not just that these students come to the
- 6:47Speaker 3: United States and then you know, do wonderful things in
- 6:50Speaker 3: our universities and help our research and help grow the
- 6:54Speaker 3: American the American expertise in.
- 6:58Speaker 4: All manner of fields.
- 6:59Speaker 3: It's that they then turn to their homeland after spending
- 7:01Speaker 3: time here in the United States with a better view
- 7:04Speaker 3: of the United States.
- 7:05Speaker 4: This is a form of soft power.
- 7:07Speaker 3: It's the kind of thing that the Fulbright program was
- 7:10Speaker 3: meant to in the Marshall Plan. I mean, this is
- 7:13Speaker 3: part and parcel of American soft power and building the
- 7:16Speaker 3: reputation in addition to building the expertise around the globe.
- 7:20Speaker 3: And so the students here, Yeah, they have every reason
- 7:22Speaker 3: to be afraid because the administration has proven time and
- 7:25Speaker 3: again they're not interested in the individuals who are collateral damage.
- 7:29Speaker 4: Peter All.
- 7:30Speaker 1: This is happening as the administration is pushing a much
- 7:33Speaker 1: broader effort to that all international students. In fact, we
- 7:36Speaker 1: learned late yesterday from Secretary of State Marco Rubio. They're
- 7:40Speaker 1: going to aggressively revoke Chinese student basis, and the President
- 7:44Speaker 1: actually talked about all of it just yesterday.
- 7:48Speaker 6: We want to know where those students come. Are they troublemakers?
- 7:51Speaker 6: What countries do they come? And we're not going to
- 7:53Speaker 6: if somebody is coming from a certain country and they're
- 7:56Speaker 6: one hundred percent fine, which I hope most of are.
- 7:58Speaker 4: But many of them won't be.
- 8:00Speaker 6: You're going to see some very radical people that taking
- 8:03Speaker 6: people from areas of the world that are very radicalized,
- 8:06Speaker 6: and we don't want them making trouble in our country.
- 8:09Speaker 1: Or maybe they're fleeing the radicalization. So Peter It begs
- 8:13Speaker 1: the question, does the White House have a plan to
- 8:17Speaker 1: uncover these supposed troublemakers? When they talk about vetting social
- 8:21Speaker 1: media or digging into people's backgrounds, do they have any
- 8:25Speaker 1: real plan or idea of what exactly they're looking for.
- 8:29Speaker 7: Well, they haven't identified any kind of standards yet at
- 8:32Speaker 7: this point that would be used across the board in
- 8:36Speaker 7: which you could therefore understand what the policy is. They're
- 8:39Speaker 7: simply saying that they're going to make their own determinations.
- 8:42Speaker 7: We've seen these four months since Trump took office again,
- 8:45Speaker 7: individual cases where they have scooped up international students or
- 8:50Speaker 7: people here on visas from other countries based on apparently
- 8:53Speaker 7: they're free expression of ideas that don't suit what the
- 8:58Speaker 7: administration wants to be said in this country. People who
- 9:01Speaker 7: support causes that the administration doesn't agree with, people who
- 9:05Speaker 7: wrote a student who wrote an editorial, co wrote an
- 9:07Speaker 7: editorial in the university student paper. That was enough to
- 9:11Speaker 7: scoop them up and say we're going to send you back.
- 9:14Speaker 7: So you know, they've made very clear that they are
- 9:18Speaker 7: suspicious of people from other parts of the country. What's
- 9:20Speaker 7: really interesting arether parts of the world. What's really interesting
- 9:22Speaker 7: is that I think that a lot of people had
- 9:24Speaker 7: the impression, and certainly this was the impression that Trump
- 9:26Speaker 7: people encouraged when he ran for office, that was his
- 9:30Speaker 7: crackdown on immigration, was crackdown on illegal immigrations. The people
- 9:33Speaker 7: who were here legally had nothing to worry about with him.
- 9:37Speaker 7: But in fact, actually what we've seen in the four
- 9:39Speaker 7: months since he took office again is a much more
- 9:41Speaker 7: wide scale attack on immigration more broadly, including people who
- 9:45Speaker 7: were here legally under various programs, either student visas, under
- 9:48Speaker 7: refugee programs, under temporary protective status programs, and time and
- 9:52Speaker 7: time again, this administration may clear that they're suspicious of
- 9:55Speaker 7: people here, even legally, and I think that they are
- 9:59Speaker 7: trying to you, expand the net as far as they
- 10:02Speaker 7: can