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Like this that were attributing i think you know right then you're not anywhere approaching it. i cannot imagine that any court would say that the justification -- >> how do you apply the facially legitimate standard to an executive order like that? >> and you are watching oral arguments in the 9th circuit court of appeals in seattle. extraordinary that they have made this decision to allow cameras so that we can watch this live. you just witnessed a critical moment when judge gould asked a question how is the court to know if this is effectively a muslim ban in the national security justifica...

Wondering whether or not trump has disavowed some of his past campaign statements. what you're hearing the solicitor general say is what he said on the campaign trail doesn't matter so much. it's his actions now and his words now. they are trying to make the argument that the president has clarified his positions. that he's trying to ban people from certain terrorist groups in the countries that harbor those terrorists from coming into the country. but the state of hawaii, which brought the case forward is saying that any objective observer can can say this is a travel ban against muslims. we ...

Exclude and this is a hypothetical, if you exclude campaign statements and look at the statements around the time of the issuance of the second executive order including you know what this means language that there is one way to read it say tg is bad is one way to read it. why should we be deaf renchal to the office of president of the united states on such issue snz. >> that is the million dollar question. i don't think there is precedent that says that when you are thinking about what a reasonable observer would view as an establishment clause problem that you defer to a government official....

>> hi, heather, just outside the courtroom. it's been going on for 40 minutes, took less than one minute for the judges from this ninth circuit court of appeals to start grilling the lawyer for the government, acting solicitor general jeffrey wall spoke first today and by now, he should be used to the grilling pill last week, he argued for the travel ban in front of the fourth circuit court of appeals. that took place in virginia. at the heart of the case is whether president trump's revised travel ban was written to punish muslims and whether it is proper for courts to assign a motive based o...

Is infected by the campaign statements. how long does that extend? can the president never take any executive action because he is already doomed by his campaign statements? and the answer was he hasn't done anything to take it back yet. ooik we have to step back here for just a second and say what a remarkable thing this is. we don't often see televised coverage oforally argument in the courts of appeals. the 9th circuit has slightly different rules. we got to see what we general don't get to see. i think that is an interesting point that i want to make while we are all here. i think you had ...