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In the past they looked at the constitutional analysis and they looked at trump's campaign statements and said i think that there is fueled by some sort of discriminatory intent. this time for the first time the court is looking at the statutory analysis, the statute that the president so often invokes for his power here and saying even under that the president hasn't justified the national security interest justifying this travel ban. we haven't heard anything from the justice department, but the white house says that they are reviewing this decision and they feel confident that they will ult...

Amendment, no establishment of religion. those have been upheld saying president trump, you violated the constitution. and now these tweets essentially gut what his lawyers were saying in trying to defend him. and so it's really undercut the rationale for the ban and the whole legal defense. and it's a real problem. >> isn't it the case in the rulings that have all gone in your favor, they've said it's unfair to take the president's campaign rhetoric into account when you're trying to decide what he's doing as president. do these tweets now that he's actually president essentially negate that ...

Department have been building in court. or at least trying to build. as your wife wrote in "the new york times," the question here under the first amendment is, would a reasonable observer take the president's actions as an effort to condemn or disparage a religion. and that's exactly what he made clear this morning in the four tweets. he has basically said in those four tweets, i've had the same intent from beginning to end. from my campaign statements until 6:44 a.m. on june 5th. his intent has been the same. and that is, to constitute and institute a muslim ban. >> right. the idea of being ...

Clear this morning in the four tweets. he has basically said in those four tweets, i've had the same intent from beginning to end. from my campaign statements until 6:44 a.m. on june 5th. his intent has been the same. and that is, to constitute and institute a muslim ban. >> right. the idea of being that if that is the intent, that is going to be hard for a court to sign off on that, right? >> that's absolutely right. the other thing he did in one of his tweets, the last one where he says, in any event, we're doing extreme vetting right now, to completely smash his lawyers' arguments that they...

In trying to defend him. and so it's really undercut the rational for ban, the rationale for the whole legal defense. and it's a real problem. >> and isn't it the case in the dissent on the rulings that have all gone 2in your favor, the dissents have said that it is unfair to take the president's campaign rhetoric into account when you're trying to decide what he is doing as president. do these tweets now that he is actually president essentially negate that argument by the dissenters? >> yeah, absolutely. so there is a handful of judges who have ruled in favor of president trump, rarely with ...