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Protests before travel ban hearing in Seattle

16 May 2017

At his daily briefing, White House press secretary Sean Spicer expressed confidence that the executive order will be upheld by the appeals court.

When the original travel ban was first issued, it temporarily halted the entry of people from seven Muslim majority countries.

Last week, judges on the 4th Circuit Court of Appeals heard arguments over whether to affirm a Maryland judge's decision putting the ban on ice.

And Judge Michael Daly Hawkins questioned if the lower court order blocking Trump's action may have been overly broad.

Wall said that internment then, and the travel ban now, are absolutely different - and that he wouldn't be defending the executive order otherwise.

The 4th U.S. Circuit Court of Appeals in Virginia is considering a similar ruling.

They asked an administration lawyer about what one judge called Trump's "profound" campaign statements calling for a ban on Muslims entering the United States.

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The Justice Department maintains that the travel ban was animated by bona fide national security concerns, but US District Court Judge Derrick Watson disagreed in March, concluding that the executive order was likely motivated by a discriminatory goal.

The judges did not indicate when they will rule.

His argument, in the end, seemed somewhat less compelling this time because his adversary, former U.S. Solicitor General Neil K. Katyal, made a distinctly more confident and polished presentation than a different lawyer for the challengers had in Richmond.

"Katyal said he stands by those arguments, but that doesn't mean the president's authority is unbounded", the AP reports.

Speaking before the 9th Circuit judges on Monday, Neal Katyal, who represented Hawaii, also said Trump had repeatedly spoken of a Muslim ban during the campaign and after.

As a result, the Trump administration went back to the drawing board, drafting a revised executive order in March that provided advance notice to travelers and exempting foreigners with valid visas, admittedly in the hopes of addressing the "judicial concerns" posed by the original order.

Wall suggested that Supreme Court precedent should marshal against the judges "second-guessing" the President's "national security determinations that they're sort of ill-equipped to do".

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A lawyer for President Donald Trump says he has clarified campaign rhetoric in which he called for a ban on Muslims.

For the second time in President Donald Trump's young administration, the 9th US Circuit Court of Appeals is pressing the Justice Department to explain the legality of his travel ban, with Trump's record of campaign calls to ban Muslims from entering the US taking center stage. Human rights advocates have argued that the order still violates the Constitution because it discriminates against Muslims. Both companies rallied to his cause, claiming the travel ban hurt their recruiting efforts, business operations, and reputations overseas.

The hearings are being broadcast live on C-SPAN and other cable news stations.

"Right now, the president is making sure that we make the appropriate arguments to get the ban in place", Spicer added.

Judge Ronald Gould says each side has been allotted 30 minutes but will be granted more if necessary, given the significance of the case. As the debate unfolded, supporters of immigrants and refugees rallied outside the Seattle courthouse, chanting and carrying "No Ban, No Wall" signs, The Associated Press reports.

The order was used to intern Japanese-Americans during World War II and was upheld in 1944 by the Supreme Court, which ruled that protecting the US from espionage was more important than the civil rights of Japanese-Americans. The judges will decide whether to uphold a Hawaii judge's decision in March that blocked the ban. Chuang only blocked the six-nation travel ban, saying it wasn't clear that the suspension of the refugee program was similarly motivated by religious bias.

Last week, U.S. District Judge Tanya Chutkan in the nation's capital said she's "inclined to agree" that the travel ban is unlawful, but held off on a request to block it because of the pending appeals court cases. Because of how the courts chose to proceed, a full slate of 13 judges heard the 4th Circuit arguments last week, while just three, all appointees of President Bill Clinton, will sit in Seattle.

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The lawyer for Hawaii also suggested that this panel of judges did not have to deal with the hard issue of its authority to look beyond the actual text of the Trump order to consider the many statements by Trump that he was going to impose a "Muslim ban".

Protests before travel ban hearing in Seattle