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Concern. the first question out of the gate, one, was do you have any evidence for why these countries were chosen and why this ban was in place? that was telling to show them that, listen, it must be more than hypothetical to trample on separation of powers or constitutional rights. >> don't courts give wit latitude to the president on issues of national security? >> mass ive latitude. i got it upside the head how much latitude the executive branch gets. i disagree with one panelist, there are times the court says we cannot review this, classification questions. when it comes to -- i disagree...

And his top advisers to allow us to go forward on that claim. >> mr. riff can, how do you respond to that? >> let me point the post co gent notion that federal judges are equipped to second-guess performed on basis of objective allegation had the same intelligence. we're talking about discretionary judgment. >> what are limits of the president's power in this case, what the limit? if it was out right ban could he get away with it? >> it is not a muslim ban. >> if it were in principal it would be establishment clause, first amendment issue. >> i have a problem that states

The judge will know better if we get a ruling on this until wednesday at the earliest. >> martha: john, thank you very much. here is judge napolitano. what is going on here? >> wow, we had a federal district court judge in seattle second-guess the president on the wisdom and propriety of the president's executive order. that is actually not the judge of federal judges in our society. the law on which donald trump relies is crystal clear, a 1952 statute but says just as he read from the brief that the president of the united states have the authority to suspend any immigration of an individual ...

Hour to file the brief asking the ninth circuit court of appeals to reinstate the travel ban. it will likely go before the supreme court to refine presidential power. back with congresswoman kathleen rice a member of the homeland security committee. the president's travel ban is now on hold. the administration says the courts don't have access to what the president has, namely, classified information, and are therefore, in the words of justice department lawyers, ill-equipped to second-guess the president's perspective about future risks. you are a former district attorney and federal prosecut...

Molly joins us now with more from washington. >> the ninth circuit court of appeals does ask the states of washington minnesota. the plaintiffs are appellees in the case to cement their case by the end of the day today ,_and why they want these extra vetting procedure stopped. on the other. on the other hand, the justice department, the defendants are appellants in the case have until tomorrow afternoon to file their paperwork_why the betting why the betting should continue. late last night the ninth circuit refuse the emergency request to reinstate the president's executive order. doj had arg...