If motion stay we ask that you deny it. Thank you. Thank you ill give you five minutes for rebuttal. I want to address a couple of quick points. Whatever den says about looking at counselor decisionmaking does not suggest we look behind National Security determines made by the president that determination four corners of determination are based on the congressional determination that the country at issue is of different. I thought you were using den and mandel as your now youre saying its distinguishable, are you relying on those cases or not . We are relying on them for the limits that the Court Reviews this issue. Im adding when you have a document itself and thats best evidence of intent of the president relies excluively on the cause made by congress by the safety concerns presented by the countries at issue that is the end of the inquiry and should be. The fact i know counsel for the other side cited this Court Car Danous Decision and they in dedescribing the state of the Law Cour
the restrictions are not about the threat in those countries. there s been confusion about that. does the courts in the entd do they want to get between president and his authority to decide where the threat is. because historically president have the power to say japan, iraq, if they pick it, they can limit it. that s been part of the president s article 2 powers. it s tricky for a judge to see whos coming if from president trump willing to take fight to supreme court if necessary. mr. president how far are you willing to take the travel ban fight? to the system. regardless of me or whoever succeeds at later date we have
harmed by this. and at times i thought the washington lawyer struggled and said i m not sure. there s constitution for discrimination on wide basis or not. we have seen rudy giuliani comments come up twice in this hearing and a republican pointed judge, judge cliff ton say, do you deny that rudy grew out of muslim ban. we don t deny that. that s kind of evidence that s going to hurt this administration if judges think it shows religious an nious.
chaos in the process. it s here is an exchanges between washington and judge cliff ton on let s listen. to prove religious. we have alleged that. how do infer that if in fact muslim are not effected. thr statements we quoted in our complaint that are shocking discovery to find out what else might have been stayed in private. the statements from president
a lot of discussion on religion and whether this is religion ban or not. that s controversy. ended his campaign talking about something different. but at the heart of this case, which is the heart of the appeal here the ninth circuit could reinstate the ban or they could leave the temporary block in place while trial continues. is this discriminations by another means. there s tremendous power over immigration. what the executive doesn t get to do is hind behind the powers while trying to discriminate against first amendment whether this muslim ban or not is important. you heard argument where the judge said, most muslims are not