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>> that's important. are you saying this is kind of a trick the trump administration pulled to try to protect the same policy sm. >> i'm saying it can't be a game of whack a mole for a court. when a temporary restraining order is put in place and as you know, ari, it's a tough burden to get that put in place. once you have it, the defendant cannot evade but still leaves problem c and d in effect. if do you that, the injunction should stay in place. but at the end of the day, two key provisions, if you just compare the language, they are virtually identical and therefore the president cannot ev...

About what's really going on, what's behind just maybe the p.c. language. i want to hear judge robe art. he was skeptical that can you take any old campaign rhetoric and use that as sort of the intent standard. take a listen. >> it seems to me it's a bit of a reach to say the president's clearly anty muslim or anty islam based on what he said in new hampshire in june. >> the argument there is, well, there's been a shift. and the administration is going to argue at shift has continued. whatever he said in june d now in response partly to your litigation, they've tried to evolve again. they're g...