A strongman needs a strawman --
Jack Goldsmith, a former senior Justice Department official in the George W. Bush Administration, who helped design the post-9/11 anti-terror legal architecture, recently suggested that Trump might actually want his travel ban to be overturned. That way, in the wake of an attack, he can use the judiciary as a bogeyman and justify any new efforts to push through more extreme measures.
...“If it is a large and grim attack, he might ask for more surveillance powers inside the U.S. (including fewer restrictions on data mingling and storage and queries), more immigration control power at the border, an exception to Posse Comitatus (which prohibits the military from law enforcement in the homeland), and perhaps more immigration-related detention powers,” Goldsmith wrote in an e-mail. “In the extreme scenario Trump could ask Congress to suspend the writ of habeas corpus, which would cut off the kind of access to courts you are seeing right now for everyone (or for every class of persons for which the writ is suspended).”
...“This is a win-win for Trump,” Olsen said. “We can assume there will be another terrorist attack in the U.S. If the executive order is in place, he will point to the attack as support for the executive order and the need to expand it to other countries with bad dudes (Muslims). If the executive order has been struck down, Trump will blame judges and Democrats for the attack.”
...Todd Breasseale, the former assistant secretary for public affairs at the Department of Homeland Security, was also alarmed. “I had a very similar discussion with a former senior intel official on this very issue, before Jack’s column,” he told me. “We both wholly believe that Trump needs a bogeyman. But, more importantly, he needs distraction and a blame source. In terrorists, he has his bogeyman. In his control of the prevailing press narrative via tweet, he has distraction. And, in the judiciary, he has a source of blame for why his way was right from the beginning.” Breasseale added, “I am fully confident that an attack is exactly what he wants and needs.”