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The laws that are simply kept secret. you brought up the issue of racial profiling and it became a religious profiling which became a big factor in present times travel ban. he tweeted out this last night. we need to be smart, vigilant and tough. we need the court to give us back our rights, we need the travel ban as an extra level of safety. that travel ban, as we talked what you say, goes before the supreme court. does these additional attacks change the dynamic of the argument? >> it shouldn't actually because it's no indication that the six countries involved were involved. but the whole s...

President and from some of his staff. let's read from the 4th circuit court of appeals now, what their ruling said. the evidence creates a compelling case that the executive order's primary purpose is religious, then candidate trump's campaign statements revealed on numerous occasions he expressed anti-muslim sentiment as well as his intent, if elected, to ban muslims from the united states. that said, it only bans muslims from six countries and leaves out the most populous of all muslim countries, indonesia, leaves out saudi arabia, leaves out egypt as well. so, how do you square that sir cir...

Congress. again the courts recognize that but went to the campaign statements. there is not a lot of good precedent for the aclu in the states that have challenged president trump on this executive order that that will hold up at the supreme court. that would be something new for the court to look behind the text of an executive order and go to what's made on a campaign trail. it sets a dangerous precedent. politics is politics. governing is something different when you are in office and you can't -- i don't think you should be ham strung by taking action because of what was said or not said o...

Rulings. the challengers here say, yes, you normally defer to the president, but when there is a claim of discrimination, you have to look at someone's intent. that's why we look at the campaign statements. >> speaking of those campaign statements, this appeal from the doj had this interesting phrase. it was unfair to assume that the president would be motivated by a specific religion just because he called for that muslim ban saying this would require judicial analysis to figure out what donald trump and his aides met. what do you make of that? >> that is a phrase from a previous supreme cour...

The supreme court will shudder at the adoption of the new rules with no limits and bounds majority's criticism of a candidate's statement into a constitutional violation referring to the fact instead of ruling on the text of the ban they looked at what the president said during the campaign and said basically this is all about religious discrimination. >> it's why it's important to have a reasonable court weigh in here. whatever you think of the travel ban, whatever you think of donald trump, whatever you think of his campaign statements, setting a precedent that the text of an executive order...