Throughout Donald Trump’s campaign and now into the first weeks of his presidency, critics suggested that he cool his incendiary rhetoric, that his words matter. His defenders responded that, as Corey Lewandowski said, he was being taken too “literally.” Some, like Vice President Pence, wrote it off to his “colorful style.” Trump himself recently explained that his rhetoric about Muslims is popular, winning him “standing ovations.”
No one apparently gave him anything like a Miranda warning: Anything he says can and will be used against him in a court of law.
And that’s exactly what’s happening now in the epic court battle over his travel ban, currently blocked by a temporary order set for argument Tuesday before a three-judge panel of the U.S. Court of Appeals for the 9th Circuit.
The states of Washington and Minnesota, which sued to block Trump’s order, are citing the president’s inflammatory rhetoric as evidence that the government’s claims — it’s not a ban and not aimed at Muslims — are shams.
In court papers, Washington and Minnesota’s attorneys general have pulled out quotes from speeches, news conferences and interviews as evidence that an executive order the administration argues is neutral was really motivated by animus toward Muslims and a “desire to harm a particular group.” source
The case for and against the Muslim Ban: the argument of the states of Washington and Minnesota
The case for and against the Muslim Ban: Trump's lawyers argument