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dangerous in one way or another. that argument is not so sound when you get into the details of it. then again donald trump on the campaign trail, as you know, talked about how this was a muslim ban. a couple weeks ago or a week ago, rudy giuliani got on the air and said trump wanted to enforce his muslim ban but he needed to know how to do it legally. my question to you is, do those statements on the trail and a statement like that from rudy giuliani, will that hurt the government's case in getting this ban reinstated? >> maybe eventually. but right now the question before the appeals court is, not the merits of the case, not really so much whether it violates on the basis of religion and its own constitution or illegal. the real burning question before the court of appeals is, what's the best thing to do now? who's hurt the most? are the states hurt the most by leaving the ban in place? they argue it's hurting their economy, hurting their universities, or is the government hurt the worst? the government claims without this restriction in place,

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