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Good on a muslim ban promise, you would probably have a much better shot to have it ruled constitutional. >> well, i think on its face, the executive order actually is very problematic, and probably couldn't withstand first amendment scrutiny. but what he's done today is to make it very difficult, and i would say impossible for the court to ignore what he's sailing. as steve just said, he's reaffirmed what he has been saying all along. and again, the test under the first amendment is, what would the reasonable observer think. looking what the president has done. you can't ignore what he's sayi...

But steve, he's calling his own justice department incorrect. this is sort of, this is not my fault subtext here. >> i think that's right, chris. it's either the justice department's fault or the court's fault. i think this is a part of alarmer pattern with a lot of events where the president is trying to distance himself from responsibility for the policies that are being carried out in his name. we have a constitution that has a unitary executive at the top. it will be hard for the president to say i can't really be blamed for the policies everybody enacted because i told them to. >> that's ...