isle say a few words followed by noah purcell, my solicitor general, followed by colleen melody, the head of our civil rights unit. then we'll take your questions. for those on the phone we'll try to take some of your questions after we get to the room. bottom line, that is complete victory for the state of washington. the ninth circuit court of appeals in a unanimous decision effectively granted everything we saw. we are a nation of laws. as i have said, as we have said, from day one, those laws apply to everybody in our country, and that includes the president of the united states. we've had a chance to look at the opinion. one thing i just want to mention is throughout this litigation the president has asserted that his actions in signing this executive order are unreviewable and you heard the question posed by the ninth circuit judges in the oral argument this week, the question was asked is it the view of the justice department thoez actions are unreviewable? after a lengthy pause, the answer was yes. here's what the ninth circuit had to say about that -- there is no precedent t

this is an exchange between noah purcell and judge clifton. in this the judge makes it very clear he does not think noah purcell has made his argument. >> presented an enormous amount of evidence especially considering again that we -- the time between our filing -- our complaint was filed a week ago monday together with a temporary restraining order motion together with the declaration. so unlike cases -- well, we had extraordinarily little opportunity to actually gather and present evidence in the district court. >> you faulted the government for exactly the same thing. don't tell us you need more time. you sought the temporary restraining order. don't tell us maybe you'll gather it later. if you can't demonstrate likelihood of success what you have in the record so far, and maybe you can, i'm not saying you can't, but i haven't heard a lot of reference to evidence and a lot more reference to allegations and i don't think allegations cut it at this stage. >> that was a very damaging exchange for the washington state position because, you kno

washington state solicitor noah purcell who successfully fought the original joins me right after this break. >>> today white house press secretary sean spicer said the administration's new version of the executive order on refugees and immigration from seven muslim nations is basically complete. while the president's new order was expected to come out at the end of this week, tonight a senior white house official tells nbc news the timeline has shifted. the order now only expected early to mid-next week. the question is whether this new order will meet the same fate as the original travel ban which was halted by federal judges -- multiple ones -- earlier this month. that could hinge on the court's view of the order's intent. the ninth circuit cited trump's call for a muslim ban during his campaign and today sean spicer was asked if the president regretted using the term "muslim ban." >> he's made it very clear, noah, from the beginning that this was a country-fus issue, a safety-focused issue. >> we sh note trump's original campaign statement calling for, and i quote "a total and comp

washington state solicitor noah purcell who successfully fought the original joins me right after this break. with car insurance, and i was not happy with the customer service. we have switched back over and we feel like we're back home now. the process through usaa is so effortless, that you feel like you're a part of the family. i love that i can pass the membership to my children, and that they can be protected. we're the williams family, and we're usaa members for life. call usaa today to talk about your insurance needs. >>> today white house press secretary sean spicer said the administration's new version of the executive order on refugees and immigration from seven muslim nations is basically complete. while the president's new order was expected to come out at the end of this week, tonight a senior white house official tells nbc news the timeline has shifted. the order now only expected early to mid-next week. the question is whether this new order will meet the same fate as the original travel ban which was halted by federal judges -- multiple ones -- earlier this month. that

representanda los estadose washington y mines el abogado noah purcell aseguro quela orden ejecutiva del y Ña la economa de estos estados... pero bueno, que pasaria si losjuecese la corte de apelaciones deciden a favor del gobierno? pues basicamente se mantiene la prohibicion de entrada al pais de ciudadanos de libia, sudan, somalia, siria, irak, iran y yemen...y si el tribunal se muestra deacuerdo con el juez robart, el que inicialmente ordeno lasuspencion temporal debido al daÑo inmediato e irreparable que podria csar de seguir evigor quiere decir que los refugiados y los migrantes de esas nacionespodran seguir ingresando al pais... sandra y ya lo dijo el pridentetrump, si el tbunal de apelaciones rechaza otra vezu picion de mantener el veto continuaran la batalla en la corte suprema.... en ese caso 5 de los 8 magistrotendrian e estar de acuerdo para revocar esa desicion... se espera que manana jueves o elviernes se te una desicn.... por supuesto que nosotros estaremos dandole seguimiento a este tema... sandra bermudez noticiero telemundo 48 take vo/lorena --tal vez usted haya visto a

. >>> joining me on the phone is noah purcell who argued the challenge before the supreme court in seattle which led to the temporary restraining order. mr. purcell, you must be feeling pretty good this evening. >> we're, of course, very happy with the results and the court's ruling. >> what do you find as indications of what this means going forward? do you expect, for instance, the government to appeal to the supreme court and try to get the ban temporarily reinstated via the supreme court? >> well, i can't answer that. that's a question for the federal government but i can say that we're extremely pleased with how thorough and careful and thoughtful the opinion is. it really addresses all of the government's arguments at length and explains why they're incorrect and i think it's wonderful. >> sean spicer at the top of this block in that facebook live interview said that, you know, this is not -- this is a ruling on the temporary restraining order about whether this gets stayed. whether the temporary pause on enforcing this policy stays in place, it's not on the merits. is that accurate?

. >> cornish: and one more exchange, this one between noah purcell, solicitor general for washington state, and judge richard clifton. >> we do not need to prove that it harms every muslim, or that it was directed at muslims, just need to prove in part desire to harm muslims. there are statements that are rather shocking evidence of intent to discriminate against muslims given we haven't had any discovery to find out what else might have been said in private. the public statements from the president and his top advisers reflect that intent are strong evidence certainly at this pleading stage to allow us to go forward on >> cornish: and we are joined now by newshour regular marcia coyle, of the "national law journal." all right. so what precisely is the question before the court in. >> this three-judge panel is looking at the government's appeal of a temporary restraining order that was issued by judge robart in seattle, washington. so the court... the three-judge panel is basically going to be looking to see, did judge robart abuse his discretion in issuing that temporary restraining

now, judge clifton is a bush appointee and he pressed noah purcell the man representing washington stateey filed a suit to stop the ban, anyway, clifton pushed purcell about how it is that an order that only affects a small percentage of muslims could be discriminatory? >> i have trouble understanding why we're supposed to: : in part yo can infer it t evidence. i mean e statements that we quoted your compla are rather shock idence of intent to minate against musl statements like th didate- trump's call to ban al s. but the lawyer repre the p administrtation argu presiden'ts security concerns s 't be second gu ot- flentje] [16:03 16:03:47] [i >> reporter: statements like then candidate trump's call to ban all muslims but the lawyer representing the trump administration argued that the president's national security concerns should not be second- guessed. >> it is extraordinary for a court to enjoin the president's national security determination based on some newspaper articles. >> reporter: there were two democrats and one republican judge and i can tell you that the democrats definitely

>> the arguments were made by my solicitor general, noah purcell and the judge was very thoughtful, he asked difficult questions of both the federal government and my solicitor general. in essence, the judge went to a couple key issues. we t state of washington did not have a dog in the fight and there was a fair amount of time spent onhat issue. the judge made it clear that the state of washington did have standing, that we could bring this claim. in order to grant a temporary restraining order, joy, a judge -- it's a tough burden to meet for obvious reasons. you're shutting down this entire executive action by a president so it's not easy to have a judge give you that relief. one thing the judge has to decide is that it's likely that the state will ultimately prevail on the merits of our claim. in order to grant that restraining order, the judge has to conclude we're likely to win when he gets to the merits and the judge reached that decision as well as he said it's in the public interest, another standard he must review for this executive order to be struck down on this restraining

. >> reporter: on the other side, the lawyer for washington and minnesota, noah purcell, argued the banhurt their states and violates numerous constitutional provisions and amounts to discrimination ban against muslims. >> a total and complete shutdown of muslims entering the united states. >> reporter: he pointed to mr. trump's lrhetoric during the presidential campaign. but one judge pressed purcell how the seven-nation ban discriminated against muslims and asked why the president can't put limits on countries with significant terrorism concerns. >> i have trouble understanding why we're supposed to infer religious animus when the vast majority of muslims would not be affected as residents of those nations, and where the concern for terrorism with those connected with terrorism is hard to deny. >> reporter: president trump tweeted this morning, if the u.s. does not win this case, we can never have the security and safety to which we are entitled. politics. the ninth circuit is considered the most liberal in the country, so many have predicted the administration will not lose at this p

been frankly nothing but positive feedback as we walk down the street with my solicitor general noah purcell. we can't get more than a block without people rolling down their car windows saying "way to go, keep it up" or stopping us on the street. it's been affirming that people believe in the rule of law, that no one is above the law and that we'll hold them to the constitution. i'm very proud of my team who's worked literally around the clock to get to this fantastic result. >> bob ferguson, washington state attorney general celebrating a big win against the trump administration tonight. mr. attorney general, thank you again. appreciate. >> it thanks, rachel, appreciate it. >> one of the things we knew was going to happen was that blue states were going to fight legal battles against this administration, we didn't know who was going to be tip of the spear and have the most success but this case brought by washington state and minnesota, this cut the trump administration off at their knees. the first and only policy of any significant size is this travel ban and those states stopped them. i

noah purcell. allen dershowitz. thank you so much for your brains. >>> anyway. we continue to watch the ongoing vote in the united states senate to confirm senator jeff sessions of alabama to be the next attorney general. that vote coming after an unprecedented day, unplus de of protests on the floor of the senate as republican majority leader silences senator elizabeth warren for reading a let r by dr. martin luther king's widow. we'll have an exclusive interview with tim kaine coming up, the 2016 vice presidential candidate, when we return. this is "hardball," where the action is. your insurance company won't replace the full value of your totaled new car. the guy says, "you picked the wrong insurance plan." no, i picked the wrong insurance company. with new car replacement™, we'll replace the full value of your car plus depreciation. liberty mutual insurance. >>> welcome back to "hardball." we continue to watch the united states senate, right now holding a confirmation vote on alabama senator jeff sessions for attorney general. earlier this evening, senator t

state attorney general bob ferguson brought the case that led to the travel ban being blocked and noah purcellnd i spoke with them both shortly before air. >> mr. attorney general, when you heard that the white house was going to essentially resend the executive order and write a new one, what did you think? did you see that as a victory? >> yes, completely. there is no other way to read that anderson. they are acknowledging the obvious and it's been obvious for awhile suffering defeat after defeat and not going to change any time soon. >> the white house says the new executive order would be tailored based on the court decision for the original order. do you know what tailored means? >> i think that's hard to predict but the courts have made it abundantly clear, we're likely to bring on the hemerits. the executive order in the current form is fatally flaw in many respects. administration has to go back to the drawing board and do a substantial rewrite to have a chance of passing constitutional scrutiny by the courts. >> seems like the most obvious thing would be -- in their reply filing last

"outfront" now, the man at the center of this case, noah purcell, he argued the case in court. thank you for being with me. let me start with this, we're awaiting this decision from the ninth circuit, three judges there, one appointed by republican, two by democratic administrations, a lot of people thought we would have a ruling immediately tonight. now we know oral arguments will be tomorrow. at this exact hour. does it concern you that they're going to ask for those oral arguments? >> no, not at all. i think they're taking this case very seriously as they should, and it's not unexpected they would ask for an argument on a case of this importance. so we're not concerned, we're looking forward to answering their questions. >> at this hour, of course, you have 16 states, pennsylvania and iowa on the list, both of those states voted for trump. they have now filed a memorandum with the ninth circuit court in support of your effort. how did this come about? >> well, states often file amicus briefs in support of each other when there are issues that matter to states. washington too

. >> noah, thank you very much, noah purcell, solicitor general for washington state. let's give paul a chance to react to what he had to say. that's a crucial question that you just raised, that the president of the united states may have to be deposed, he wasn't president at the time and he can't claim some sort of executive privilege. >> president trump's lawyers, our lawyers lay out everything that could happen in a case. you go back to the district court, when i read this decision, there are a couple of very important lines there about the president's use of the term muslim ban on multiple occasions, those would have to have been during the campaign, the government could seek depositions of the president, of his daughter, of governor christie, of giuliani, of anybody who might have been in that small circle when this was discussed. which is why, i think president trump, that's one thing he's looking at, he's saying do i want to get involved in depositions on what happened during my campaign, or do we redraft this completely in order to make it go away. >> obviousl

washington state solicitor general noah purcell, who argued the case, welcomed the court's decision.r. purcell: that is with the court has done in this excellent opinion, a reasonable, thoughtful opinion that considered the arguments and rejected them. this is not a partisan issue. the idea that the government doesn't just get to say something is in the national security interest that having to back that up in anyway way when they are violating people's rights. for more, w we are joined by we're joined now by vince warren, the executive director of the center for constitutional rights. the significance of this decision -- mr. warren: it is an extraordinary decision. with president trump trying to jam through these unwanted executive orders -- we were trying to petition the courts to have the final say on what his authority is, and also, the wisdom, veracity, and legality of what he is trying to do. the court took clear positions for which you have talked about, but i think they are significant. the trump administration took the position this order was unreasonable by any federal cour

the washington state attorney noah purcell argues the ban unfairly targets muslims and causes harm. >> we detail a number of universities, standing overseas, families being separated. >> reporter: the special council argues the executive order says nothing about banning muslims in particular. as he got into a lengthy exchange with the judges over whether states and courts should be allowed to overturn the national security decision. >> this is a traditional national security judgment that is assigned to the political branches and the precedent. and the the courts have immediately altered that. >> reporter: the u.s. department of justice argued the president's order should not be renewable by the court and they have a chance to act for the risk. >> is there a reason to think there is a real risk of the circumstances that have changed and there would be a real risk if existing procedures weren't allowed to stay in place while the administration would conduct their review. >> are you really arguing that we can't even ask about whether there is evidence because of the decision that is not

. >> noah purcell, thank you very much. solicitor general for the state of washington. he gave that argument with a resounding victory and thanks for watching us. our breaking news coverage continues with "anderson cooper 360." >>> thanks for joining us. major setback from president trump. the verdict has come in. it is unanimous. they are not reinstating his travel ban against refugees and citizens from seven countries that are mostly muslim. the president tweeted in all caps, see you in court, the security of our nation is at stake. off camera the white house the president told reporters he thinks the ruling was political. it was unanimous from a panel of judges appointed by presidents carter, george w. bush and president obama. the original ruling blocking the travel ban came from a judge appointed by george w. bush. here's what president trump said to reporters. off camera so audio only. >> it's a political decision. we'll see you in court and i look forward to it. -- >> thanks, guys. >> the latest from pamela brown. >> this is a huge blow to the trump administratio

focused on this broad band that serves no national purpose. >> washington state solicitor general noah purcellthe lawyering olympics on this thursday night. thanks for talking to me, appreciate it. >> my pleasure, thank you. >>> programming note. we told you about the town hall i hosted in chicago today. due to the breaking news, that will air tomorrow night. but we had a lively, emotional at times raw and fascinating debate with members and leaders of the community about what's happening in chicago, a city that president trump has repeatedly used as a kind of short hand for violence. >> to president trump, come here to chicago, see what all of these folks in this room -- black, white, democrat, republican, city official, civic leaders -- are doing in this city and they need the resources of the federal government to enshue ensure there's no more blood, not a police officer, not a community member, spilled another day in this city from this day moving forward. [ applause ] >> we will air that town hall discussion tomorrow night 8:00 p.m. missing. >>> after the break, more on the breaking news

amy: noah purcell, the solicitor general for the state of washington, said it was the court's role to serve as a check on the executive branch. >> it has always been the judicial branch is the say what the law is an to serve as a check on abuses by the executive branch. that judicial role has never been more important in recent memory that it is today. at the president is asking this court to advocate that, to reinstate the executive order without meaningful judicial review and author of this country back into chaos. throw this country back into chaos. lee we are joined by gelernt, an aclu attorney who presented the first challenge to trump's executive order on immigration. his argument resulted in a nationwide injunction. it is great to have you with us today. what do you make of the court hearing yesterday? >> they were well prepared. i would say it is always difficult to predict what a court would do, but they gave -- i think they had pointed, tough questions of the u.s. government. in particular, they wanted to know, could they review this? that is the sort of take away from all o

flentje had questions but so did noah purcell.as under intense questioning by judge cliff top on whether this is a muslim ban at all. here's that exchange. >> the seven countries encompass a small percentage of muslims. do you have any information as to what percentage or what proportion of the adherence to islam worldwide are citizens or residents of those countries? my quick penciling suggests something less than 15%. >> i have not done that math, your honor. >> i have trouble understanding why we're supposed to infer religious animus when in fact the vast majority of muslims would not be affected as residents of those nations. and where the concern for terrorism with those connected with radical islamic sects is kind of hard to deny. >> says he has trouble understanding why they would call this a muslim ban when the vaths majority of muslims are not affected by it. >> a good question. but the establishment clause prohibits you from favoring one religion over a another even if you're only doing it in a few locations. >> even if

mark preston, this is noah purcell, the washington state lawyer. opens his presentation. >> we have always been the judicial branch's role to say what the law is and serve as check on abuses of the executive branch. never been more important in recent memory than today but president is asking court to abdicate that role and dismiss without review and throw this country back into chaos. >> president trump been critical of the courts calling judge robart a so-called judge. calling them responsible if there's a terror attack. is he asking to push back? >> in many ways. we've seen donald trump do this number of occasions. this one judge. he has a history of attacking judges when he believes they won't rule in his favor and interesting tactic by washington state to come out and really try to lay the groundwork there are three coequal branchs of the government and it's judiciary's role to look at laws to interpret whether they're sustainable or legal or not and they have to be there in order to keep some oversight so to speak of not only executive branch

. >> reporter: on the other side, the lawyer for washington and minnesota, noah purcell, argued the banoes hurt their states and its residents, violates numerous constitutional provisions and mgamounts to discrimination against muslims. >> a total and complete shutdown of muslims coming to the united states. >> reporter: he pointed to mr. trump's rhetoric during the campaign. >> the ub p lick statements from the president and his top advisers are strong evidence. >> reporter: one judge pressed purcell on how the temporary seven-nation ban discriminated against muslims. and asked why the president could put limits on countries with significant terrorism concerns. >> i have trouble understanding why we're supposed to infer religious an muss when, in fact, the fast majority of muslims would not be affected as residents of those nations and where the concern for terrorism with those connected with radical islamic sects is kind of hard to deny. >> reporter: president trump tweeted this morning if the u.s. does not win this case as it should, we can never have the security and safety to which