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There is a lot more caselaw to fall on the side of the president then there is to fall on the side of campaign statements. >> martha: michele, that stuck out to me. jonathan turley and alan dershowitz both look at this may say, there is a lot of emotion around these judges decisions. but it will stand up. the president does have the right to ban entry from countries if he deems limbs to be a national security risk. it is a 1952 law. >> i think i have -- my mother is a minister and my dad is an attorney. my entire life i have been guided by two things, the law and our values. and the constituti...

President trump's travel ban was set to be in effect by now but was blocked by two federal judges, one in hawaii, one in maryland. last night in nashville, he called it overreach and the justice department is exploring all options. jessica schneider, the trump administration took great pains to rewrite this executive order, both judgments who halted it are saying it's the president's own campaign statements in part that gave them pause. >> a majority of both of thee opinions, they painstaking det the comments the president and his team made specifically referring to a muslim ban. both judges c...

Issue. >> jeff, your reaction to what the professor said but also first to the ruling. >> i'm surprised. i -- the executive order would be enough to make a court uphold it. i think alan is exactly right, that it is unusual, unprecedented in my experience to take campaign statements from a president into consideration in evaluating the constitutionality of an executive order. i think frankly it will be vulnerable on appeal, this decision. but the sheer number of times donald trump says on your show, in speeches, that he wanted a muslim ban, that has come back to haunt him and that's why he lost...

To have a second order in the first place, i wanted to stick with a first order. he ends up in the same place, perhaps he was perturbed with someone who urged him, we have to rewrite this one, we have to try again. he wanted to stick with the original version. he wants this to go to the supreme court. >> after the first order was struck down, the administration repeatedly said from the white house that they were going to fight this and appeal the first decision. then, the advisors got involved and said we should just issue another one, the court fight, first for the reason of expanding past th...

Throwing red meat in the media while the justice department is talking like vegans in court. you know? the judge couldn't help but notice that and say, well, who am i supposed to believe? having said that, i got to tell you i thought this was a mirror image of the ninth circuit. . i think it's pretty light on case law. surprisingly light. it's more narrative and spends a lot of time talking about campaign statements which i don't think is -- >> how useful are they? they certainly mean something to us because he is living up to his promises and in this specific case. a little frightening. how u...