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But i do think that the attorney general is over stating or over evaluating his position when it comes to the united states supreme court. i think the standing argument is a stretch. i think the application of the unconstitutionality ruling of people who have never been in the country under any circumstances is a stretch but i think you're going to win on all the stay orders and the only, i think, the fear is that when it gets up to the united states supreme court, if it does on the merits, that they won't give as much weight as the lower court did to motive, to statements made by the presiden...

In the united states, meaning you can't discriminate based on religion. if this is truly a muslim ban, it is unconstitutional. on the state of washington is arguing as the muslim ban, after all, trump called for a muslim ban in the campaign. that's the basis of the argument. >> listening to the line of questioning from the three judges, it seems at least two of the three had a fairly harsh appraisal of the travel ban. is it safe to assume that those two judges may be leaning toward keeping this stay in place, or is it dangerous to do that judging on what they're asking? >> it's a little bit da...

Religion. you cannot establish a religion in the united states. meaning, you can't discriminate based on religion. if this is truly a muslim ban, it is unconstitutional. and the state of washington it is a muslim ban. trump called for a muslim ban. giuliani said trump wanted a muslim ban and that's why he did this. it's a ban of seven muslim countries and the christians are accepted. so that's the basis of the argument. >> listening to the questions from the judges, two of the three had a fairly harsh appraisal of the travel ban. is it safe to assume that those two judges may be leaning toward...

Protection. >> not u.s. citizens. >> tay talked about the mandel case, a free speech case, involving a socialist belgian professor who wanted to come many into the united states during the nixon administration and wasn't allowed to because he was a marxist. the claim in that suit was american citizens are being deprived of their right to hear free speech. the other case that was cited frequently was a case involving a woman who married a foreign national and he wasn't allowed in and could the wife bring a lawsuit. so those had to do with standing issues. >> i think the standing argument went v...

Judicially conniezble. across the country there are lawsuits where there's standing. there are people impacted by this order and there are cases across the country where we don't have type of standing argument. but in this case there's a lot of law that says states can't step into the shoes of their -- in this context. if we credit them, there would be no limitation on standing. in that context it doesn't make sense to extend jury ris predense to cover this point. it is over broad and should be immediately stayed to the extend it is over broad even if the court things application are