at the under lying thing is it is unconstitutional. >> right. absolutely. i think what the 9th circuit has said in the washington case as well as what we're arguing in our case is that context matters. the government has repeatedly said they really think beyond the four quarters of the document. the supreme court in other cases have said you have a establishment clause of the violation of the first amendment can't simply close our eyes and look at neutral policy there's a discrimina discriminatory purpose behind it there's no way you don't look at that. here you have statements over two years all the way to the time that he is the president where he is displaying anti-muslim bias. >> all right stand by will you mr. attorney general douglas