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Point in the next few months. and very quickly, jeffrey, the fact that it was a unanimous decision by these three federal judges, canby, friedland, clifton, how significant is that in considering where to go next? if it were 2-1 would that have made a difference? as a technical matter there is no difference from a 2-1 to this decision. as a matter of the public perception of the two rulings there is a difference between 2-1 and 3-0 especially when the judges come from different politic political back rounds. this decision will have a lot more credibility because it is unanimous and i think it complicates the trump administration s attempt if they choose to make it to disparage ....
Of the case. that is whether or not to grant an emergency state which would allow the travel ban to go back in place. they can either decide that or they can decide that the judge in the federal court was correct in washington and had the power to say this has to stop while this case goes through the court. now, there are a couple of heated and pointed exchanges between the judges and the attorneys. judge friedland asked a lot of tough questions to the attorney for the doj for the trump administration. and judge clifton asked some pretty pointed questions and had some strong comments to the attorney for the states. let s listen in. these proceedings have been moving quite fast and we re doing the best we can. i can cite you re saying the proceedings are moving fast, but you appealed to us before you continued in the district court to develop the record. so why should we be hearing this now if it sounds like you re trying to say you re going to present other evidence later? well ....
Administration, and david urban, former trump campaign strategist. to the lawyers first. what did you hear, jeffrey? let me preface this saying i am the world s foremost authority on being wrong based on just listening to oral argument. you cannot pretend that oral argument is exactly what you will get in the decision. but you seem to have two judges on opposite sides. judge friedland seemed and judge clifton seemed more sympathetic to the trump administration, the republican appointee from hawaii. judge camby, the 85-year-old carter appointee, walter mondale s brother-in-law, he seemed more sympathetic to the washington attorney general but was a little harder to read. ....
You. well your honor, what i mean is we have assessed we have alleged do i have to believe everything you allege and say that must be right? that s not the standard. you ve actually supported these allegations with exhibits, haven t you? we have supported in of our allegations with exhibits, yes, judge friedland, we have. and i do think that s important we have presented an enormous out of evidence, especially considering again that the time between our filing our complaint was filed a week ago monday together with the temporary restraining order motion, together with the declarations, so unlike cases we had extraordinarily little opportunity to gather and present in evidence the district court. you fault ted the government for exactly the same thing. don t tell us you need more time. you sought the temporary restraining order. ....
Clause claim goes, the government takes a position, i think, that in weighing the validity of your establishment clause claim, you re confined to the four corners of the instrument. what s your comment on that? your honor, i think the case law shows that that s wrong. i think it was judge clifton who pointed out, judge friedland, i m sorry, maybe both. kerry versus dinn says exactly the opposite. this court s decision says exactly the opposite. if the plaintiff makes plausible allegations, sufficiently supported of bad faith, the court can look behind the motives and in those cases just to be clear, those are cases where the the case had to do with excluding an alien who had never been here and had no right to be here. so if anything, the court should take a more harder look at the real motives in a case where ....