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than a counselor or official. in general, that may be true but not when it comes to religion. our founders were very worried about the possibility that one man could establish a religion. any individual counselor officer will not be able to the stakes are much higher when you re dealing with the president. and so i don t think he gets any special deference. let me ask you this. and i don t mean to usurp your clo closing language. we ll give you extra time if you need it. but there were letters issued by both the department of justice and the department of homeland security, i think on the same day the order was the second order was signed which more
where they question what would happen if they put forward no justification at all. when the counselor officer either gives you no reason or gives you a reason that s obviously untrue on its face, pretext sort of finding, i think that s a little different from purpose. to say that the president and three members of his cabinet acted in bad faith pretextually and adopting an order and saying it s for national security purposes when it s not to go down that road you would need the strongest and clearest showing of bad faith. solicitor general wall, i would appreciate hearing a little more on the government s view on the statutory side of the case. and specifically what i have in mind is that there s an 1182, there s a need to find that entry would be detrimental to the united states. and so i have a question whether
specific visa denial. and that s not what we have here at all. no. but, of course, judge paez, they applied it equally that s correct. broad policy determinations by the executive. i don t think the supreme court or any of the courts of appeals has ever tried to limit the mandel test to just a discretionary denial of visa by a counselor officer. and for the reason some members gave at the rehearing stage it wouldn t make much sense to say that a singular counselor officer get morse deference than the president of the united states in an executive order. in the context of this case, the executive order is an extremely broad order. we re not dealing with an individual one-off determination by an officer. it is a policy. that s what executive orders do. they don t deal with one-off denials. i don t know that it s an extremely broad policy.
there is a briefing of reporters at the white house today and here s what s interesting because one of the story lines is that this was unfolded in an organized way and they re thanking the state and homeland security for the conversation to the officials about the executive order for many weeks but i think this green card issue and forgive me for looking down because i am reading the pool report. these green card holders in the united states will have to meet with a counselor officer before meeting the country. so this is something that is a surprise because i don t know if we necessarily took the discussion about refugees being allowed in the country to be extended, frederica, to people here illegally with the green card. okay. hold tight, ryan and lynn. thanks so much and get some reaction from the middle east. cnn international correspondent nick paton walsh is in beirut
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