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Looked up at the camera and said, "we all know what that means." indeed, when he issued both executive orders, he left on his website that very statement about the complete and total shutdown of muslims, a statement that just happened to disappear moments before the fourth circuit argument last week. >> has the president ever disavowed his campaign statements? has he ever stood up and said, i said before i wanted to ban all members entering the united sta of america, i was wrong? >> the president clarified what he was talking about were islamic terrorist groups in the countries that shelter or...

around is whether they can look at trump's campaign statements about muslims to find that the executive order was motivated by some sort of discriminatory intent when the face of the order doesn't say anything about religion at all, christine. >> do we know yet which judges on the ninth circuit will be hearing this appeal and how that could affect the case? >> reporter: yeah, today's panel is made up of three judges, all appointed by former president bill clinton. only adding to the drama in this case, as you can imagine, given that the president hasn't shied away from voicing his displeasu...

The second time in president trump's young administration the ninth u.s. circuit court of appeals is listening to the battle over the legality of this executive order. temporarily blocking some foreigners from traveling to the u.s. one of the points of contentious was whether this was a muslim ban is ch is a violation of the constitution and something the president said repeatedly during the campaign. >> as has the. . the ever dals vowed his campaign statements? has he ever stood up and said i said before i wanted the ban all members of the islamic faith from entering the united states of amer...

What the plaintiffs won in the washington case. they've asked for up to a year of discovery and up to 30 depositions of white house officials to find out what was in the heads and the motives of people framing this eo. subject, as judge paez said, the narrow bad faith in den. you would need official capacity statements that were unequivocal post inauguration to show that the president and members of his cabinet were acting in bad faith. i just don't think they could make that kind of remarkable showing here. >> let me ask the same question that my friend, robert king, asked you a week ago. has...

Of law. he's an expert on constitutionalal law. and eugene, to you first. you wrote back in february about the use of campaign statements and you said that basically this isn't fair. this is not just an issue of whether it's fair, but it's not something that can be used in court to make it th case. why is that? >> it's unprecedented to look at the private statements of a politician before he even took office to interpret otherwise perfectly valid measures. the court is not saying that there's anything wrong with the travel ban. essentially what they are saying is there's something wrong in the...