Trump's Campaign Statements Called into Question During Travel Ban Appeal

A 13-judge panel at the 4th U.S. Circuit Court of Appeals heard arguments Monday on the President's executive order limiting travel from the Middle East and African countries.

It was the first time the revised 90-day travel ban was heard before an appeals court.

During oral arguments judges brought into question statements President Trump made during his election campaign, promising a Muslim ban if he became president.

In the wake of those comments, some viewed the President putting a travel ban in place as his way of banning Muslims from entering the United States.

"Don't we get to consider what was actually said here, and said very explicitly?" asked Fourth Circuit Judge James Wynn.

Acting Solicitor General Jeff Wall defended the travel ban, noting the Muslim ban comments came before Mr. Trump was elected President.

"It is an archived press statement from 16 months ago. Before we got into a campaign and we had a primary and an election and we took an oath and we formed a government," Wall argued.

Wall went on to note that over time President Trump has clarified his position and that the ban is related to territories and terrorism, not religion.

"The President was talking about countries and groups that may intend to do us harm," Wall said. "This court ought to, I think, take that statement not at its least reasonable, not at its least permissible, but in a way that it was in accord with what the President and his advisors had been talking about for months, which was terrorism."  

The ban targets countries with known ties to terrorism: Iran, Libya, Somalia, Sudan, Syria and Yemen.

Oftentimes appeals are heard by three-judge panels in the 4th Circuit. But Monday's arguments were heard before a full court, signaling the importance of the case.
 
The 4th Circuit currently has 15 active judges. Two recused themselves from the argument today.

Of the 13 judges who did hear the case, 10 were originally appointed by democratic presidents. Chief Judge Roger Gregory was given a recess appointment by President Bill Clinton and was later reappointed by President George W. Bush.

The 4th Circuit used to be much more conservative until President Barack Obama began appointing judges to the court. Six of the current judges were appointed during the Obama administration.

Over the past few years the Fourth Circuit ruled to uphold a key part of Obamacare, overturning North Carolina's voter ID law, and siding with a transgender teen in a school bathroom battle.  

It has not yet been determined when the court's decision on the travel ban will be announced. However the case is already expected to eventually reach the Supreme Court.