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Virginia looked at the trump administration's campaign statements and that's been very clear from the beginning. he called for a muslim ban. the trump administration would have to build a time machine, go back in time and basically change everything that he said about muslim ban. >> dan stein, rebut that presumption, that the second version is just a nicer version of the first with the same fundamental problem that it will ultimately target muslims. >> look, this so-called travel ban -- not a muslim ban. it's a temporary travel ban until they can review procedures, laid out by the secretary of...

Threats that will come along, isis or changing power structures in the world, did he have the capacity to deal with that. that's the biggest concern, the issue of competence to some extent. jonathan, can i ask you a question quick about that executive order? my understanding, one of the issues raised by the ninth circuit and objection to the original order was the issue of intent and that went back to what donald trump said during the course of the campaign about wanting a muslim ban. how does this second revised order change that intent? >> well, actually i thought that was on the weakest par...

Bringing to life people who have suffered because of obama care, because these are real stories and republicans are notoriously terrible about highlighting those kinds of things. he brought human moments to other parts of the speech. not to this. this nbc bowl showed 4% think it should stay. it's working as is. there's plenty of room to work there, and find folks to highlight, and i think that might have been a missed opportunity. >> i think that is the key. we know the president is hitting the road later this week. he is getting itchy in the white house, and he wants to be traveling. how does...

It's absurd. with all due respect to the court, this is absurd. the judge is striking down an executive order as unconstitutional because of newspapers reports or things she saw or heard on tv? this is not the way it works. the idea that you are having seven countries of origin that are listed which means 85% of the muslim world is not included in this ban, how is a court going to determine this is religious discrimination? as you know i've argued a lot of religion clause cases at the supreme court. i'll take that case tonight and win it 8-0 and win is 9-0 when gorsuch is concerned. the religi...

Proceed, perhaps to see if that really was the motivation or not? >> we are not saying the case shouldn't proceed. but it is extraordinary for a court to enjoin the president's national security determination based on some newspaper articles. and that is what has happened here. that is very troubling, second-guessing of the national security decision made by the president. the notion that we are going to go back -- >> you deny that the statements attributed to then candidate trump and to his political advisors, most recently, mr. giuliani, you deny those statements were made? >> the judge, i w...