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Past. it's not in the past anymore. >> right. that's a great point. cecilia, to the point about just look at what's on the sheet of paper, i mean, it is the case that absent everything else context-wise, the president has a lot of latitude in immigration law, particularly and probably if you took away the context that this was essentially making 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...

Decision after decision, including campaign speeches, aide speeches, his speech, is the fact that he's speaking about the legal matters in a way, and correct me if i'm wrong, you study this, presidents don't normally speak, right? >> not only presidents, but clients. anybody will tell you that the worst person to be handed a microphone or twitter account while the future of their cherished policy is hanging in the balance is your client. because he's not going to be objective about it. i think cecilia is exactly right. the problem is that the government's basic argument to the supreme court is...