1 00:00:00,040 --> 00:00:02,560 Speaker 1: And now it's time for our daily Bloomberg Law Brief, 2 00:00:02,600 --> 00:00:05,080 Speaker 1: exploring legal issues in the news. It's brought to you 3 00:00:05,160 --> 00:00:10,000 Speaker 1: buy American Arbitration Association, International Trade or Business Dispute Resolve 4 00:00:10,080 --> 00:00:13,159 Speaker 1: Faster with the International Center for a Dispute Resolution, the 5 00:00:13,240 --> 00:00:16,400 Speaker 1: leader in alternative dispute resolution around the world i c 6 00:00:16,640 --> 00:00:20,320 Speaker 1: d R dot org. Today Bloomberg Lajos Gregg's Store discusses 7 00:00:20,360 --> 00:00:24,319 Speaker 1: the latest developments over President Trump's revised travel ban. A 8 00:00:24,400 --> 00:00:27,600 Speaker 1: federal appeals court in Richmond, Virginia's hearing arguments over the 9 00:00:27,640 --> 00:00:30,840 Speaker 1: executive order after several parts of it were blocked by 10 00:00:30,960 --> 00:00:34,760 Speaker 1: federal courts in March. He speaks with Liza gotene Co, 11 00:00:34,920 --> 00:00:38,080 Speaker 1: director of the Liberty and National Security Program at the 12 00:00:38,120 --> 00:00:41,839 Speaker 1: Brennan Center for Justice, and Josh Blackman, a professor at 13 00:00:41,880 --> 00:00:46,000 Speaker 1: the South Texas College of Law. Liza, what argument against 14 00:00:46,080 --> 00:00:49,200 Speaker 1: the travel ban do you sense is getting the most 15 00:00:49,240 --> 00:00:54,280 Speaker 1: traction before the courts. It seems like Trump's comments about 16 00:00:54,280 --> 00:00:57,560 Speaker 1: the travel ban, and comments made by his associates and 17 00:00:57,600 --> 00:01:01,480 Speaker 1: whose people working for him, are really having an effect 18 00:01:01,600 --> 00:01:04,080 Speaker 1: on the court. That you know, when he talked about 19 00:01:04,120 --> 00:01:06,560 Speaker 1: having a complete and total ban on Muslims coming into 20 00:01:06,600 --> 00:01:09,240 Speaker 1: the country. Uh, you know, until he could figure out 21 00:01:09,280 --> 00:01:12,480 Speaker 1: what was going on. You know, those words carried a 22 00:01:12,520 --> 00:01:15,600 Speaker 1: lot of weight, and the courts remember them, even though 23 00:01:15,600 --> 00:01:17,640 Speaker 1: he's trying to backchack from them now and say that 24 00:01:17,680 --> 00:01:21,440 Speaker 1: he's doing something entirely different with this order. Now. The 25 00:01:21,480 --> 00:01:24,800 Speaker 1: government lawyer was trying to argue um that as a 26 00:01:24,840 --> 00:01:28,399 Speaker 1: matter of law, the judges shouldn't actually be looking at 27 00:01:28,440 --> 00:01:30,720 Speaker 1: these statements. But it didn't seem like most of the 28 00:01:30,760 --> 00:01:33,119 Speaker 1: judges were buying that. They thought those statements were very 29 00:01:33,160 --> 00:01:37,919 Speaker 1: relevant and showed that there was religious discrimination behind this order. Josh, 30 00:01:38,160 --> 00:01:41,080 Speaker 1: if you would spell out that government argument for us, 31 00:01:41,200 --> 00:01:44,400 Speaker 1: Why was it that that Jeff Wall was saying that 32 00:01:44,920 --> 00:01:49,200 Speaker 1: the courts shouldn't be considering those comments. The government's argument 33 00:01:49,360 --> 00:01:54,200 Speaker 1: was that traditionally court deferred to the executive when matters 34 00:01:54,200 --> 00:01:58,040 Speaker 1: of national security or at stake, and in particular, when 35 00:01:58,080 --> 00:02:00,880 Speaker 1: the actual policy the state to the document on the 36 00:02:00,920 --> 00:02:04,320 Speaker 1: four corners doesn't have any sort of improprieties, then the 37 00:02:04,400 --> 00:02:06,680 Speaker 1: courts are not supposed to look behind it to look 38 00:02:06,680 --> 00:02:09,800 Speaker 1: phind the wall. If you actually read the executive ordered issue, 39 00:02:09,840 --> 00:02:13,360 Speaker 1: it doesn't make any references to islam religious discrimination. The 40 00:02:13,400 --> 00:02:17,240 Speaker 1: only hook that the plaintiffs can Hangler had on is 41 00:02:17,360 --> 00:02:21,680 Speaker 1: statements made by candidate Trump and then one ambiguous statement 42 00:02:21,720 --> 00:02:25,079 Speaker 1: made by President Trump as he was signing it. Um. 43 00:02:25,120 --> 00:02:27,760 Speaker 1: One of the points that I think made some residents 44 00:02:27,800 --> 00:02:30,760 Speaker 1: was the oath of office. Things that Trump said in 45 00:02:30,800 --> 00:02:34,440 Speaker 1: the campaign trail were you know, primarily not very reliable, 46 00:02:34,560 --> 00:02:37,280 Speaker 1: not very accurate, a lot of respects. But once he 47 00:02:37,320 --> 00:02:39,800 Speaker 1: became president and he took the oath of office, and 48 00:02:39,840 --> 00:02:42,520 Speaker 1: he formed a government and he had a cabinet. At 49 00:02:42,560 --> 00:02:46,119 Speaker 1: that point they actually issued the policy, and the statements 50 00:02:46,160 --> 00:02:49,880 Speaker 1: following the inauguration are former probative of the president's intent 51 00:02:50,320 --> 00:02:52,800 Speaker 1: rather than that of a reality show superstar with the 52 00:02:52,880 --> 00:02:56,880 Speaker 1: time few people actually seriously and as Nisa go Team, 53 00:02:56,919 --> 00:03:00,080 Speaker 1: co director of the Liberty and National Security Program at 54 00:03:00,120 --> 00:03:03,119 Speaker 1: the Brennan Center for Justice, and Josh Blackman, a professor 55 00:03:03,440 --> 00:03:06,440 Speaker 1: at the South Texas College of Law, speaking with Bloomberg 56 00:03:06,520 --> 00:03:09,160 Speaker 1: LA host Greg Store. You can listen at Bloomberg Law 57 00:03:09,160 --> 00:03:12,720 Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg Radio. 58 00:03:12,880 --> 00:03:15,200 Speaker 1: And that's this morning's Bloomberg Law Brief. You can find 59 00:03:15,200 --> 00:03:18,680 Speaker 1: more legal news at Bloomberg Law dot com and Bloomberg 60 00:03:18,720 --> 00:03:22,360 Speaker 1: BNA dot com. Attorneys will find exceptional legal research and 61 00:03:22,440 --> 00:03:25,639 Speaker 1: business development tools there as well. Visit Bloomberg Law dot 62 00:03:25,680 --> 00:03:29,280 Speaker 1: com and Bloomberg BNA dot com for more information.