Clifton: You can allege anything! I don't have to believe it. / Friedland: You've submitted exhibits, haven't you? / Purcell: Yes.
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Flentje gets 5 minutes for rebuttal.
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Flentje: Whatever Din says, it doesn't say we can look behind the 4 corners of the order.
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Friedland: Are you relying on Din or not?! / Flentje: We are, but only for the limited review Din suggested.
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Flentje: Cardenas (9th Cir) laid out broad restrictions the president could issue.
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Friedland: What if the order said no Muslims? / Flentje: If that happened, there would be people w standing to challenge under Estab.
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Friedland: Plaintiffs gave evidence that that was the motivation.
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Flentje: We're not saying the case shouldn't proceed. We're just saying statements printed in some papers shouldn't form basis.
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Clifton: Wait, are you saying Trump/Giuliani didn't say those things? / Flentje: No, I'm not. / Clifton: They might not weight a lot, but.
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Flentje: "unwise course" to have the TRO based on what was given. Says there is more evidence they would present at dist ct, can't give it.
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Flentje: Order "goes way beyond" what Washington claimed. / Clifton: That does raise a serious concern on my part.
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Clifton: Any authority for the counsel to the president to have the authority to tell dep'ts what the EO means?
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Flentje: One, the guidance from counsel is the "definitive" interp of the order, and counsel "speaks for" the president.
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Flentje then lays out a more narrow order limited, effectively, to current and former residents of Washington.
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Friedland: "This matter is submitted," says a decision will come as soon as possible.
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COURT IS ADJOURNED.
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FIRST UPDATE: Appeals Court Judges Skeptical Of Justice Department Arguments In Support Of Reinstating Banhttps://www.buzzfeed.com/chrisgeidner/appeals-court-to-consider-whether-trumps-ban-should-stay-on?utm_term=.crYgNmYlqR …
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FULL WRITE THRU of tonight's 9th Circuit arguments over the TRO halting enforcement of Trump's ban, w/
@ZoeTillman:https://www.buzzfeed.com/chrisgeidner/appeals-court-to-consider-whether-trumps-ban-should-stay-on?utm_term=.nlaXzOM14N#.sn15a4X78G … -
Meanwhile, while that was going on:https://twitter.com/lawrencehurley/status/829102015523454978 …
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Ninth Circuit reports that there were approx. 137,000 connections to tonight's audio livestream — not counting those through CNN's feed.pic.twitter.com/GNeiYkU7x6
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Final update to this thread, our
@BuzzFeedNews story from the 9th Cir tonight: https://www.buzzfeed.com/chrisgeidner/appeals-court-to-consider-whether-trumps-ban-should-stay-on?utm_term=.we8k4OXLZ … / Thanx for watching along/RTing!
End of conversation
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