but we re talking about the same executive order and talking about whether the president has primacy in the area of national security. are you thinking he can win? i m not sure he ll rewrite it. i agree that s the sensible way to go. but the president keeps citing the boston judge. he was angry at his lawyers, remember, because they didn t spend time invoking the boston judge, judge gordon, and i think he ll fight this to the wall in the supreme court. alan. that would be a big mistake because he can use the boston judge to his advantage. if he goes the ninth circuit route, he is likely to have to appeal from a ninth circuit opinion that s unfavable to him. if he doesn t appeal this order which he ll lose in the supreme court on a stay and waits for decisions to come from other courts with more favorable circuits the case he brings to the supreme court could come from a circuit that rules in his
argument, the reviewability argument put forward by the government. they said they rejected the argument there was no likelihood of success citing donald trump, what he d been saying through the campaign, he wanted a wanted a ban on muslims and evidence with rudy giuliani s statement that he wanted a path toward a muslim plan. they rejected that this would do enormous harm to leetch it in place. they said you haven t presented any evidence. if you do, we might be persuaded but the government failed to do that. i think it was sloppily argued by the government. we ll see where we go from here. ultimately the administration may prevail on the substance. i believe we have that full audio and i want everyone to hear what he said about the politics. again, donald trump. decision came down but we re going to win the case.
you sit on foreign intelligence. is there some sort of a ban that he could write that you would support? an across the board ban, very doubtful. it s always fair to be considering and assessing national security threats to our nation. but, look, donald trump almost from the beginning of his campaign started talking about how he could exclude people from the united states. he spoke specifically about a muslim ban even after the executive order was put in place. as you mentioned, rudy giuliani went on television and said that the president called him and asked him how he could accomplish a muslim ban. with those kinds of intentions i think it will be very hard to find middle ground or agreement. you mentioned when it comes to enforcing the travel ban when it first came down against the
thr 3-0. a unanimous ruling. let me ask you about this. donald trump saying it s political decision and we will see them in court, for donald trump to stay george w. bush appointees, he may view those as political. no doubt. it s certainly predictable as well we would expect donald trump to come out and say something like that and to continue on fighting. also the reaction is noteworthy. one is from tom cotton, the arkansas senator. he was under consideration to be defense secretary. he described the ninth circuit as the most notoriously left-wing circuit in america. i m confident the
get the final word on what s legal. there are no decisions that are completely outside the constitution. 1803, chief justice john marshall said it is the province and duty of the court to say what the law is, which means as of that moment it was the court s right to overturn acts of congress, overturn acts by the president, and that excerpt that you played from the argument was so important because it was judge friedland asking is the president above the law. and there was that horrible, awkward pause. judge friedland and her colleagues wanted to make clear that the answer is no. the president is not above the law. and that s what this opinion says. i want to add one thing. while they coordinated a strong attack on the idea that only the president has the right to deci