. >> this case is not coramatsu. if it were, i would not be standing here and the united states would not be defending it. what counsel said below page 116, supplemental efforts of record, it might well be constitutional in other context where you didn't have statements like this, that they were attributing impermissible motive. i think then you know you're not approaching coramatsu. i can't imagine that any court would say that -- >> how do you apply your -- how do you apply facially legitimate standard to an executive order like that? there was no reference to japanese in that executive order and look what happened. >> judge paez, i'm not familiar with all the ins and outs that have executive order. i can't imagine that the courts would say it survived the mandel standard. the point is just -- i think counsel here have implicitly recognized below that if some other president had done this without these statements, that this executive order would almost certainly be constitutional. and then what they're left with ar