Mandel Case News Today

>> the -- yes. what we -- there are obviously constitutional limitations but were discussing the risk assessment. >> did that exchange concern you. >> no, erin. i think the president has the authority. the president is given wide latitude on matters of national security. i think he not only has the authority but the duty to issue an eo like he did in this case. >> the other issue that kept coming up repeatedly, paul, they kept referencing other cases, and these other cases basically boiled down ...

The issue of the ninth circuit. but when you get to the united states supreme court, chief justice roberts is not going to find standing for the state of washington and he very well may have at least three or four other people. this is going to be a very hard sell to the united states supreme court for standing, which tries to avoid these kinds of issues like the plague. i think they will probably find a lack of standing but on the merits, you know, they may win. theyre going win this injunction...

That were about people who were communists who advocated overthrow of the u.s. government. are you saying that the external evidence here that is alleged, that the intent here was to ban muslims, is equivalent to that? >> if there were an executive order that prevented the entry of muslims there would be people withstanding to challenge that. and i think that would raise establishment cause, first amendment issues. but thats not the order we have here. this order is limited to the countries defi...

Which the governments position is theyre not inclued in the scope of the order, i have to say is there any legal authority for the council of the president to have power to instruct the other departments or instruct us as to what the order means? the president can amend the order but im not sure the council to the president has that authority. why is it we should be looking at this reconceived order and why is it we should rather than trying to narrowly carve out the injunction youre seeking, pr...

Were the justices watching? >> thats what makes this hearing so potentially important because theres only eight justices right now. if this were to go to the supreme court and divide 4-4 then whatever the ninth circuit held is what would hold for now. that gives more port-au-prince to the ninth circuit than if there were nine justices. >> the plaintiffs could have sued but theyre smart. the aclu figured out if they appeal this they thai might lose in the first circuit but theyre better off relyi...

Public relations strategy in the last 48 hours to ramp up the rhetoric on national security, on terrorism. there was that whole back and forth between the president and the news media over whether the media was adequately covering terrorist attacks and so forth. earlier today as the president was meeting with law enforcement officials, a group of sheriffs at the white house, the president said he is willing to take this case all the way to the supreme court. heres what he said. >> were going to ...

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Protection. >> not u.s. citizens. >> tay talked about the mandel case, a free speech case, involving a socialist belgian professor who wanted to come many into the united states during the nixon administration and wasnt allowed to because he was a marxist. the claim in that suit was american citizens are being deprived of their right to hear free speech. the other case that was cited frequently was a case involving a woman who married a foreign national and he wasnt allowed in and could the wife...

A lot more reference to allegations and i dont think allegations cut it at this stage. >> that was a very damaging exchange for the washington state position because, you know, its important to remember here, this is a very extraordinary remedy that washington received here. this is an executive order of the president of the united states that is ip validated across the entire country on the abayh sis of the say-so of one judge and judge clifton is saying whats your evidence? why should we do th...