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Courts often do this. legislative history is often a guide and candidate trumps speech could be -- pretext for discrimination and would violate the established writ clause. trying to establish at this time. one of the major hurdles, i think they covered successfully, was that you can review an order. and precedent. cases back to japanese intern mts camps and denying passports to communists. long history of checks and balances placed on the president of the united states and his orders. this is n...

Sfooifr then if theres a 4-4 split he wins. >> now youre talking logic. now youre talking logic on the part of the president and hes a gut instinct player. >> you have the state of virginia trying to proceed with a case. you have 17 other states that have filed am ckamicus briefs. states across the country were ready to lose today so there would be others coming behind it. >> there will be more cases coming along. the supreme court is going to happen in this case but when it does it will still b...

Thats the crux of the governments argument. whats your overall read on where the three justices fell on that point? >> we know one is leaning in favorite of washington state, one in favor of the government, and one is kind of the swing vote, william canby. theyre not second-guessing the risk assessment by the president of the united states. they know the president has prerogative. but theyre trying to limit the fact, theyre groan whether to reverse or reinstate the ban. in order to do that, you ...

Agreed with lifting the ban as it applied to people who had been restricted and they are following the judges order. this judge is likely, you know, the appeals court has to weigh in and this could end up in the supreme court and theres a long process. i think the problem that donald trump is creating for himself is a political one by tweeting the so-called judge and by criticizing the judiciary. hes raising the bart and making it more difficult for a very credible nominee to the supreme court i...

Danielle pletka, andrea mitchell and republican strategist, all lest cast yan nose. where is this headed? >> possibly for a constitutional crisis. but overnight the state department and homeland agreed with lifting the ban as it applied to people who had been restricted and they are following the judges order. this judge is likely, you know, the appeals court has to weigh in. this could end up in the supreme court. there is a long process. i think the problem ma donald trump is creating for hims...

Security resolutions. i think thats appropriate. i dont want to see, however, the administration try to unilaterally withdraw from the nuclear agreement. he which you supported. >> which i supported and i think has kept iran from pursuing the bomb, at least for substantial period of time. so, i dont want to see this as a pretext -- >> do you worry that agreement is in jeopardy? >> i worry that the administration may take steps to undermine the agreement, cause it to collapse. that would concern ...

Isis, illegal immigration, and border security instead of always looking to start the world for iii. >> i am all choked up again. but mccain and graham trying to start world war iii. i do not think that will be a recruitment by isis, except for the existence of the united states as a recruiting tool, everything we do they are going to use as a pretext, but so lets be clear, who can say that not taking refugees for 120 days from libya, a country without a functioning government, or yemen, or iran...

So whats your understanding of whether your two clients will be subjected to being held at the airport, interviewed further, or what the process will happen to follow or is it your understanding they would be turned away and returned to their originating countries? >> so like you just said, this is one of the most rigorous processes we have for anyone coming into the united states. its the most vetted process for refugees. and so this executive order is completely pretext yul targeting muslim ma...

As a justification to clamp down on with voter i.d. laws and things that are voter suppression efforts. you have to have the voter fraud to have the voter suppression. and thats what this is really about. >> and this is, i mean, david, again, we know that this is as kiersten said, this is about much more about voter suppression if there is any sort of strategy to that. even the person in charge would be in charge of a major investigation into voter fraud would be at the house, and theyre saying ...

Lot. donald trump didnt come up with this story of voter fraud, hes picking it up from right-wing outlets. reason that conservatives focus on this is they use it as justification to clamp on down voter i.d. laws that are voter suppression efforts. you have to have the fraud to have the suppression. thats what this is really about. >> and david, again, we know this is -- as kirstin said its about voter suppression if there is any strategy to that. even the person who would be in charge of major i...