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Process if there do the rights the constitution affords u.s. citizens? does the court really meant to say that due process applies to foreigners and other countries? >> i think the courts focus on the due process was related to the impact of this executive order on immigration law. clearly with respect to due process, due process applies to citizens in the united states, residents in the united states as well as individuals who have applied and been granted visas, the court was very clear on tha that. >> tucker: so people in foreign countries who are not u.s. citizens, they're not on u.s. soil...

Process if there do the rights the constitution affords u.s. citizens? does the court really meant to say that due process applies to foreigners and other countries? >> i think the courts focus on the due process was related to the impact of this executive order on immigration law. clearly with respect to due process, due process applies to citizens in the united states, residents in the united states as well as individuals who have applied and been granted visas, the court was very clear on tha that. >> tucker: so people in foreign countries who are not u.s. citizens, they're not on u.s. soil...

The case was does the president have the authority to do it, if he does, it's his judgment to make. that's the plain reading of the law, the plain understanding of the constitution, i think the policy was unwise. but that's irrelevant. i think it's very clearly legal, this is the most left-wing, most overturned court in the country. i think for the administration and considering trump does not like to lose, i think he may want to go to the supreme court which may not be the most tactically wise way to go, but you know he tweeted out see you in court? i'm told that the governor of washington st...

By tweeting we just saw you in court, and we beat you, tucker. >> tucker: thanks a lot for that. the people providing the legal opposition is karl racine, he is the attorney general for district of columbia, he's one of the 16 attorneys general who signed an amicus brief supported lawsuit against the president's orders, he joins us now from washington, thanks for joining us. >> thank you very much for having me. >> tucker: in the ruling tonight, there was this line and i'm puzzled by it. the government has not shown the executive order provides what due process requires. this order applies mos...

Highlighted in none of the seven countries it issued did the government present any evidence of any terrorist strike from those countries to the united states. under the courts review, under the constitution, the government needed to provide that evidence and totally failed to, that's another very important fact here. >> tucker: okay, so your position because you signed on on this in the amicus brief is that there is no threat from refugees or immigrants from somalia even though there have been a couple of pretty recent cases where refugees from that specific country or children have committed...