reflecting that intent are strong evidence certainly at this pleading stage a allow us to go forward on that claim. >> you faulted the government for exactly the same thing. you sought the temporary restraining order. don't tell us maybe you'll gather it later. if you can't demonstrate likelihood of success what you have in the record so far, and maybe you can, i'm not saying you can't, but i haven't heard a lot of reference to evidence and a lot more reference to allegations and i don't think allegations cut it at this stage. >> reporter: they asked if having the travel ban applied to those at this point that have never stepped foot in the united states but the solicitor general rejected that option saying it would still harm the state citizens. we expect a decision from the ninth circuit court sometime this week according to the courts. anderson? >> pam brown, thank you. jeff zeleny is at the white house. any statement from the white house on tonight's hearing? >> reporter: there has not been a statement38 from the white hoe yet on the hearing but they were reviewing it and watching it