Surprised this crusty old twatwaffle doesn't just EO that he didn't do it. Why the fuck not at this point. There are no spines in Congress or scotus, they'll let him do it.
Executive orders can only instruct the Executive Branch to take some sort of action. While the Department of Justice is a part of the Executive Branch, it consists of the government's lawyers, not of the government's judges. The judicial branch is outside the purview of the Executive Branch, and so out of reach of a Trump EO.
Now, would he still try? Of course he would. But it would have the same legal weight as Michael Scott yelling "I DECLARE BANKRUPTCY!!"