. >> in your principal response to the establishment clause claim is to cite mindel ones to say once the government comes forward with a legitimate reas reason, national security is the most importantly someone could come forward with, the game is over. i want to press on that a little bit i want to ask if that means he started talking a lot about the process of this proclamation. i take it that argument would be irrespective of the processes. he would've use the same mandel argument or would you have not? >> we would've made a mandel argument but it stronger give you the process irish this was based. >> when i read mandel i don't see anything about process. you say reason in this court stops. >> i think in addition to that you have the extensive worldwide process you have in a cabinet level recommendation that has a neutral baseline it concluded that almost all of the world but a tiny number of countries to. whether you fly mandel or mccreary makes a constitutional case overwhelmingly strong. >> let me give you hypothetical. there's ways to distinguish mandel but in terms of thinkin