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Safeguarding constitutional rights on the other. and the judges challenged the plaintiff's lawyer on this to really explain, how is the president ever supposed to protect the country if any of his campaign statements about muslims forever taint this executive order or any other policy goals, dave. >> yeah. did the judges seem persuaded by the government's argument that those campaign statements don't matter? >> reporter: so, doj's position on this is that the campaign statements are different than when you've taken office. so, what the president said on the campaign is different than what he w...

Key figures testify to congress. what's ahead for that investigation? and president trump's travel ban faces new scrutiny this morning as an appellate court weighs whether campaign statements about muslims should impact its survival. welcome back to "early start." i'm christine romans. >> and i'm dave briggs. one thing we haven't heard about this republican health care push is calling it obamacare 2.0. >> yeah. >> that's from a conservative republican in the house freedom caucus. it happened yesterday in iowa. we'll talk about that straight ahead. but first, fierce pushback by the presiden...

A critical federal appeals court hearing. both sides under intense questioning from judges on the fourth circuit. administration lawyers were repeatedly pressed on statements the president made during the campaign about a muslim ban. cnn's laura jarrett was at that hearing. she joins us this morning from washington. good morning, laura. >> reporter: good morning, christine. well, the judges grilled those parties for nearly two hours yesterday on a host of issues, but what really stuck out is the way in which this case highlights a tension, if you will, between how courts are trying to defer to...

Accusations that the ban is -- promising to ban muslims during the campaign were at issue. >> has the president ever repudiated the campaign statements that he made on the muslim ban? >> judge king, he has, and in some of the briefs, we walk through this. he said, over time i have made it clear -- >> he changed it from religion to nationality. he explained that he wasn't going to call it religion anymore, he was going to call it nationality. and mayor giuliani advised him to do that. but he's never repudiated what he said about the muslim ban. it's still on his website. the district court here...

Discriminates against muslims in the hearing the had fourth circuit court of appeals the statements president statements were at issue got audio in the hearing. in this section the judge questions the lawyers about the statements. >> as has the president ever repudiated the campaign statements that he made upon a muslim ban? >> judge king he has as i say some of the briefs walk through this. he said look, over time i. >> he changed it from religion to nationality. he explained that he wasn't going to call it religion anymore. he was going to call it nationality and mayer gulny adviced him to d...