Case 1:17-cv-00255-TSC Document 131 Filed 12/05/17 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
PARS EQUALITY CENTER,
IRANIAN AMERICAN BAR ASSOCIATION,
PUBLIC AFFAIRS ALLIANCE OF IRANIAN
AMERICANS, INC., et al.,

Civil Action No. 1:17-cv-255
Hon. Tanya S. Chutkan

Plaintiffs,
v.
DONALD J. TRUMP et al.,
Defendants.
PLAINTIFFS’ SUPPLEMENTAL SUBMISSION IN SUPPORT
OF PROPOSED PRELIMINARY INJUNCTION
Since the Court heard oral argument on Plaintiffs’ Motion for Preliminary Injunction on
November 2, 2017, there have been several developments that further support expeditious entry
of the requested injunction.
1. On December 4, 2017, the Supreme Court granted the Government’s applications to
stay the preliminary injunctions entered by the District of Maryland and District of Hawaii. Exs.
1 & 2.
2. Nothing in the Supreme Court’s orders addresses the legality of President Trump’s
October 24, 2017 Executive Order, “Resuming the United States Refugee Admissions Program
with Enhanced Vetting Capabilities” (“October 24 Executive Order”), or the October 23, 2017
Memorandum to the President implementing the October 24 Executive Order (“October 23
Memorandum”) (collectively, “October Refugee Ban”). To Plaintiffs’ knowledge, no court has
ruled on the legality of the October Refugee Ban, which Plaintiffs seek to enjoin in their Third
Amended Complaint, ECF No. 123 (filed Nov. 3, 2017).

 Case 1:17-cv-00255-TSC Document 131 Filed 12/05/17 Page 2 of 5

3. Nor do the Supreme Court’s orders preclude the entry of relief by this or any other
court regarding the legality of President Donald J. Trump’s September 24, 2017 Proclamation,
“Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United
States By Terrorists or other Public-Safety Threats” (“September 24 Proclamation”).
4. The Supreme Court made clear in its orders that litigation is to proceed with
appropriate dispatch in the lower courts. See Exs. 1 & 2.
5. As detailed in previous briefing and substantiated by live testimony and numerous,
detailed affidavits, Plaintiffs will experience irreparable harm if the Travel Ban goes into effect.
In particular, as alleged in the Third Amended Complaint (ECF No. 123), discussed in the
Motion for Preliminary Injunction (ECF No. 107-1), and the Supplemental Memorandum in
Support of the Motion for Preliminary Injunction (ECF No. 117):
Mohammed Jahanfar and Jane Doe #1 will be unable to get married to their visa-seeking
fiancés and live with them in the United States. ECF No. 107-1 Ex. 7. ¶ 50; Ex. 12 ¶ 33.
Jane Doe #13 and her fiancé will either have to postpone their wedding plans or get married
without her parents present because they cannot get a tourist visa. ECF No. 107-1, Ex. 14 ¶¶
25-27.
Mohammad Reza Shaeri will be separated from his wife indefinitely. ECF No. 107-1, Ex. 8
¶ 25.
Montra Yazdani, Jane Doe #14, and Jane Doe #15 will be separated from their parents for
extended periods of time and unable to spend regular time with them, rely on their help in
raising families, or care for them as they age. ECF No. 107-1, Ex. 5 ¶¶ 12, 28; Ex. 15 ¶¶ 2021; Ex. 16 ¶¶ 7-8.
Jane Doe #4, an Iranian citizen who was granted asylum in the United States in 2016, and is
unable to return to Iran due to feared religious persecution, will be unable to have her parents
travel to the United States to visit. She will be separated from them indefinitely. ECF No.
107-1, Ex. 13 ¶¶ 3, 17.
Shiva Hissong, Sepideh Ghajar, John Doe #1, and John Doe #10 will be separated
indefinitely from their close family members, who will be unable to travel to the United
States to visit. ECF No. 107-1, Ex. 4 ¶ 29; Ex. 6. ¶ 20; Ex. 9 ¶ 15; Ex. 11 ¶ 48.
2

 Case 1:17-cv-00255-TSC Document 131 Filed 12/05/17 Page 3 of 5

John Doe #1’s wife will be unable to apply for a work authorization. John Doe #1 and his
wife will be unable to leave the country for fear their visas will not be renewed. ECF No.
107-1, Ex. 9 ¶¶ 15-19.
John Doe #9 will be unable to accept his job offer and fulfill his dream of living in the United
States and creating a better life for himself and his family in this country. ECF No. 107-1,
Ex. 10 ¶ 11.
Reza Zoghi, an Iranian political dissident, will be unable to have his refugee application
approved, notwithstanding the fact that he had been through the SAO and medical screening,
medical orientation, has a U.S. sponsor, and was awaiting his travel documentation when the
Travel Ban was announced. ECF No. 117 ¶ 5(a).
Jane Doe #8, a lesbian refugee, and Jane Doe #9, a transgender refugee—both of whom fled
Iran after being assaulted and discriminated against on the basis of their sexual orientation—
will be unable to have their refugee applications approved, notwithstanding the fact that they
were referred to the U.S. Refugee Assistance Program by the U.N. High Commission on
Refugees. ECF. No. 117 ¶ 5(b), (c).
6. The extensive factual record developed in this case will assist the D.C. Circuit and
Supreme Court in reviewing this matter of national importance.
7. During oral argument on November 2, 2017, Government counsel discounted the
evidence of statements of anti-Muslim animus from the President, stating, that “whatever
statement they want to point to from the President can’t be enough to impugn this entire
process.” 11/2/17 Hr’g Tr. 65. Recent statements from the White House have confirmed the
anti-Muslim basis for the most recent Executive Order. In particular:
On November 29, the President re-tweeted three anti-Muslim videos disseminated by an
British far-right ultra-nationalist organization. See Ex. 3.
When asked at a press conference later that day whether “President Trump thinks Muslims
are a threat to the U.S.,” the White House spokesman explicitly tied the Travel Ban to an
anti-Muslim aim, responding that “[t]he President has addressed these issues with the travel
order that he issued earlier this year.” CBS News, White House Trump’s Muslim tweet by
mentioning travel ban, Nov. 29, 2017. Ex. 4.

3

 Case 1:17-cv-00255-TSC Document 131 Filed 12/05/17 Page 4 of 5

CONCLUSION
For the foregoing reasons and those stated in Plaintiffs’ prior submissions, this Court
should proceed with appropriate dispatch to enter a preliminary injunction against the
discriminatory provisions of the September 24 Proclamation, as well as discriminatory
provisions of the October Refugee Ban.

4

 Case 1:17-cv-00255-TSC Document 131 Filed 12/05/17 Page 5 of 5

Dated: December 5, 2017

Respectfully submitted,
/s/ John A. Freedman
John A. Freedman (D.C. Bar # 453075)
David P. Gersch (D.C. Bar # 367469)
R. Stanton Jones (D.C. Bar # 987088)
Nancy L. Perkins (D.C. Bar # 421574)
Ronald A. Schechter (D.C. Bar # 245019)
Robert N. Weiner (D.C. Bar # 298133)
Samuel M. Witten (D.C. Bar # 378008)
Sally L. Pei (D.C. Bar # 1030194)
Sonia Tabriz (D.C. Bar # 1025020)
Stephen K. Wirth (D.C. Bar # 1034038)
ARNOLD & PORTER
KAYE SCHOLER LLP
601 Massachusetts Ave., NW
Washington, DC 20001
(202) 942-5000
(202) 942-5999 (fax)
john.freedman@apks.com

Cyrus Mehri (D.C. Bar # 420970)
U.W. Clemon (D.D.C . Bar # AL0013)
Joanna K. Wasik (D.C. Bar # 1027916)
MEHRI & SKALET, PLLC
1250 Connecticut Ave., NW, Suite 300
Washington, DC 20036
(202) 822-5100
(202) 822-4997 (fax)
cmehri@findjustice.com
Kristen Clarke (D.C. Bar # 973885)
Jon Greenbaum (D.C. Bar # 489887)
LAWYERS’ COMMITTEE FOR
CIVIL RIGHTS UNDER LAW
1401 New York Ave., NW, Suite 400
Washington, DC 20005
(202) 662-8600
(202) 783-0857 (fax)
jgreenbaum@lawyerscommittee.org

Christopher M. Odell (pro hac vice)
ARNOLD & PORTER
KAYE SCHOLER LLP
700 Louisiana Street, Suite 1600
Houston, TX 77002
(713) 576-2400
(713) 576-2499 (fax)
christopher.odell@apks.com

Hassan Zavareei (D.C. Bar # 456161)
TYCKO & ZAVAREEI LLP
1828 L Street, NW, Suite 1000
Washington, DC 20036
(202) 973-0900
(202) 973-0950 (fax)
hzavareei@tzlegal.com

Susan S. Hu (pro hac vice)
ARNOLD & PORTER
KAYE SCHOLER LLP
250 West 55th Street
New York, NY 10019
(212) 836-8000
(303) 836-8689 (fax)
susan.hu@apks.com

Adrienne D. Boyd (pro hac vice)
ARNOLD & PORTER
KAYE SCHOLER LLP
370 Seventeenth Street, Suite 4400
Denver, CO 80202
(303) 863-1000
(303) 832-0428 (fax)
adrienne.boyd@apks.com

Counsel for Plaintiffs

5

 EXHIBIT 1

Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 2 of 16

(ORDER LIST:
583 U.S.)
U.S.)
(ORDER
LIST: 583
MONDAY,
MONDAY, DECEMBER
DECEMBER 4,
4, 2017
2017

ORDER
PENDING CASE
CASE
ORDER IN
IN PENDING

17A560
17A560

TRUMP,
TRUMP, PRESIDENT
PRESIDENT OF
OF U.S.,
U.S., ET
ET AL.
AL. V.
V. INT'L
INT’L REFUGEE
REFUGEE ASSISTANCE,
ASSISTANCE, ET
ET AL.
AL.

The application
application for
for a
a stay
stay presented
presented to
to The
The Chief
Chief Justice
Justice and
and
The
by
by him
him referred
referred to
to the
the Court
Court is
is granted,
granted, and
and the
the District
District Court’s
Court's
October 17,
17, 2017
2017 order
order granting
granting a
a preliminary
preliminary injunction
injunction is
is stayed
stayed
October
pending
pending disposition
disposition of
of the
the Government’s
Government's appeal
appeal in
in the
the United
United States
States
Court
and disposition
disposition of
of the
the
Court of
of Appeals
Appeals for
for the
the Fourth
Fourth Circuit
Circuit and
Government’s petition
petition for
for a
a writ
writ of
of certiorari,
Government's
certiorari, if
if such
such writ
writ is
is
sought. If
If aa writ
writ of
of certiorari
certiorari is
is sought
sought and
and the
the Court
Court denies
denies the
the
sought.
petition,
If the
the Court
Court
petition, this
this order
order shall
shall terminate
terminate automatically.
automatically. If
grants
the petition
petition for
for a
a writ
writ of
of certiorari,
certiorari, this
this order
order shall
shall
grants the
terminate when
when the
the Court
Court enters
enters its
its judgment.
judgment.
terminate
In light
light of
of its
its decision
decision to
to consider
consider the
the case
case on
on an
an expedited
expedited
In
basis,
Appeals will
will render
render its
its decision
decision
basis, we
we expect
expect that
that the
the Court
Court of
of Appeals
with
appropriate dispatch.
dispatch.
with appropriate
Justice
deny the
the
Justice Ginsburg
Ginsburg and
and Justice
Justice Sotomayor
Sotomayor would
would deny
application.
application.

 EXHIBIT 2

Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 4 of 16

(ORDER LIST:
583 U.S.)
U.S.)
(ORDER
LIST: 583
MONDAY,
MONDAY, DECEMBER
DECEMBER 4,
4, 2017
2017

ORDER
PENDING CASE
CASE
ORDER IN
IN PENDING

17A550
17A550

TRUMP,
TRUMP, PRESIDENT
PRESIDENT OF
OF U.S.,
U.S., ET
ET AL.
AL. V.
V. HAWAII,
HAWAII, ET
ET AL.
AL.

The application
application for
for a
a stay
stay presented
presented to
to Justice
Justice Kennedy
The
Kennedy and
and by
by
him
Court’s
him referred
referred to
to the
the Court
Court is
is granted,
granted, and
and the
the District
District Court's
October 20,
20, 2017
2017 order
order granting
granting a
a preliminary
preliminary injunction
injunction is
is stayed
stayed
October
pending
pending disposition
disposition of
of the
the Government’s
Government's appeal
appeal in
in the
the United
United States
States
Court
Circuit and
and disposition
disposition of
of the
the
Court of
of Appeals
Appeals for
for the
the Ninth
Ninth Circuit
Government’s petition
petition for
for a
a writ
writ of
of certiorari,
Government's
certiorari, if
if such
such writ
writ is
is
sought. If
If aa writ
writ of
of certiorari
certiorari is
is sought
sought and
and the
the Court
Court denies
denies the
the
sought.
petition,
If the
the Court
Court
petition, this
this order
order shall
shall terminate
terminate automatically.
automatically. If
grants
the petition
petition for
for a
a writ
writ of
of certiorari,
certiorari, this
this order
order shall
shall
grants the
terminate when
when the
the Court
Court enters
enters its
its judgment.
judgment.
terminate
In light
light of
of its
its decision
decision to
to consider
consider the
the case
case on
on an
an expedited
expedited
In
basis,
Appeals will
will render
render its
its decision
decision
basis, we
we expect
expect that
that the
the Court
Court of
of Appeals
with
appropriate dispatch.
dispatch.
with appropriate
Justice
deny the
the
Justice Ginsburg
Ginsburg and
and Justice
Justice Sotomayor
Sotomayor would
would deny
application.
application.

 EXHIBIT 3

Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 6 of 16

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 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 7 of 16

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 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 8 of 16

gilt Neu pork antes

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POLITICS

Trump Shares Inflammatory AntiMuslim Videos, and Britain's Leader
Condemns Them
By PETER BAKER and EILEEN SULLIVAN NOV. 29, 2017
WASHINGTON — President Trump touched off another racially charged furor on
Wednesday by sharing videos from a fringe British ultranationalist group purportedly
showing Muslims committing acts of violence, a move that was swiftly condemned by
Britain's prime minister as well as politicians across the spectrum.
The videos Mr. Trump retweeted were titled: "Muslim migrant beats up Dutch boy
on crutches!" "Muslim Destroys a Statue of Virgin Mary!" and "Islamist mob pushes
teenage boy off roof and beats him to death!" But the assailant in one of them was not a
"Muslim migrant" and the other two showed four-year-old events with no explanation.
No modern American president has promoted inflammatory content of this sort
from an extremist organization. Mr. Trump's two most recent predecessors, George W.
Bush and Barack Obama, both made a point of avoiding public messages that were
likely to be seen as anti-Muslim and could exacerbate racial and religious animosities,
arguing that the war against terrorism was not a war against Islam.
But Mr. Trump has shown little such restraint, targeting Muslims with a broad
brush, including when he claimed on the campaign trail last year that "Islam hates us"
and when he called for a "total and complete Shutdown" of Muslims coming to the

 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 9 of 16

United States. Since taking office, he has sought to block visitors from select Muslimmajority nations and engaged in a long-distance feud with the Muslim mayor of
London, whom he branded weak on terrorism.
The messages came at a time when Mr. Trump has been lashing out at an array of
perceived adversaries, including the National Football League, CNN, NBC and
Democratic leaders. He referred to a senator as "Pocahontas" this week in front of
Navajo veterans he was honoring. In a meandering speech in St. Charles, Mo., on
Wednesday, Mr. Trump labeled North Korea's leader a "sick puppy," asserted that
welfare recipients lived better than some people with jobs, noted that his wealthy
friends "love their children" and insisted that he did not like some bankers even though
he was making their job "easy for them."
Mr. Trump's unbridled talk of Muslim violence thrilled some conservative supporters
who see him as a truthteller breaking from the shackles of political correctness, but it
alarmed mainstream political leaders in the United States and Britain, who deemed it
reckless and counterproductive.
Senator Jeff Flake, Republican of Arizona, who has broken with Mr. Trump, called
the postings "highly inappropriate" and added, "I hope he takes them down and doesn't
do it again."
Senator Lindsey Graham, Republican of South Carolina, who lately has been an ally
of the president, said Mr. Trump was "legitimizing religious bigotry" with the Twitter
posts. "We need Muslim allies in the war on terror," he said. "I can only imagine how
some of our Muslim allies must feel when the president gives legitimacy to it."
The reaction was sharp in London, where Prime Minister Theresa May, the leader
of the Conservative Party, denounced the president for sharing material posted by
Jayda Fransen, the deputy leader of Britain First, the ultranationalist group. "It is
wrong for the president to have done this," Mrs. May's office said in a statement.
"Britain First seeks to divide communities by their use of hateful narratives that peddle
lies and stoke tensions. They cause anxiety to law-abiding people."
David Lammy, a Labour Party member of Parliament, echoed that on Twitter.
"Trump sharing Britain First," he wrote. "Let that sink in. The President of the United

 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 10 of 16

States is promoting a fascist, racist, extremist hate group whose leaders have been
arrested and convicted. He is no ally or friend of ours."
Late in the day, Mr. Trump pushed back against the prime minister. "Theresa," he
wrote on Twitter, initially getting her handle wrong, "don't focus on me, focus on the
destructive Radical Islamic Terrorism that is taking place within the United Kingdom."
Sarah Huckabee Sanders, the White House press secretary, defended the
president's tweets, saying he was talking about the need for national security and
military spending.
"The threat is real," she told reporters. "The threat needs to be addressed. The
threat has to be talked about, and that's what the president is doing in bringing that
up."
Some activists on the right expressed appreciation for the blunt talk about the
threat from Islamic extremists. "It's a pretty major undercurrent for all of American
politics since 2001, as it should be," said Mark Krikorian, the executive director of the
Center for Immigration Studies, which advocates less immigration. "That's not news.
He just expresses that stuff in the most unfiltered, guy-ranting-in-the-bar" way.
The first video distributed by Mr. Trump to his nearly 44 million followers on
Wednesday showed a teenage boy attacking another and was presented as footage of a
"Muslim migrant" beating a Dutch boy.
But according to local officials, both boys are Dutch. The clip was taken in
Monnickendam, a small town in the North Holland province of the Netherlands, in May
and shows a teenager punching and kicking another boy holding a crutch. Marleen van
Fessem, a spokeswoman for the local public prosecutor's office, confirmed the 16-yearold boy who was arrested after the video came to light was "born and raised in the
Netherlands."
The Embassy of the Netherlands in Washington then chided Mr. Trump. "Facts do
matter," it replied to the president on Twitter.
The two additional videos were taken in 2013, one in Syria, the other in Egypt, and
are provided with no explanation of the political turmoil taking place in those countries

 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 11 of 16

at the time, and with no details on the extremist affiliations of one of the men in the
video.
The president's decision to share them was in keeping with his habit of
disseminating information he has not verified even as he attacks news organizations for
producing "fake news." Two White House aides, who asked not to be identified because
they were not authorized to speak publicly, said Mr. Trump found the videos himself.
Aides said they believed he spotted one on the Twitter feed of Ann Coulter, the
conservative commentator.
In an email later in the day, Ms. Coulter said that while she was still "annoyed" that
Mr. Trump had not yet built the border wall he promised, "I LOVE the president's
tweets!" Responding to the British criticism, she said, "Maybe between blathering about
the values of 'tolerance and respect,' poor Theresa May might want to ask herself
whether the Muslims the U.K. is importing at breakneck speed share these 'values of
tolerance and respect.'"
Britain First was partly founded in 2011 by James Dowson, a far-right activist who
left the group in 2014 and supported Mr. Trump during the 2016 presidential
campaign. The organization calls itself a "patriotic" political party, but has been
criticized by human rights activists as an extremist group that seeks to bait Muslims.
Ms. Fransen, who has previously been charged in Britain with "religious aggravated
harassment," thanked Mr. Trump for promoting her message. "I'm facing prison for
criticising Islam," she wrote on Twitter. "Britain is now Sharia compliant. I need your
help!"
Trump Retweeted

ransen0

@JaydaBF 2h

,

Donald J. Trump Detwaeled
Jayde Fransen • @JaydaBF • 15h
VIDEO: Muslim migrant beats up Dutch boy on crutches!

Auslirn Destroys a Statue of Virgin Maryl

1.1 Donald J. Trump Derweeted
J.yda Fransen • @JaydaBF - 4h
VIDEO: Islamist mob pushes teenage boy off roof and beats him to death)

G., Jayda Fransen
@JaydaBF

 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 12 of 16

THE PRESIDENT OF THE UNITED STATES,
DONALD TRUMP, HAS RETWEETED THREE OF
DEPUTY LEADER JAYDA FRANSEN'S TWITTER
VIDEOS! DONALD TRUMP HIMSELF HAS
RETWEETED THESE VIDEOS AND HAS AROUND
44 MILLION FOLLOWERS! GOD BLESS YOU
TRUMP! GOD BLESS AMERICA! OCS @JaydaBF
@realDonaldTrump
7:05 AM - Nov 29, 2017
967

2,137

3,975

In the United States, Mr. Trump's tweets were welcomed by a former Ku Klux Man
leader, David Duke, who wrote on Twitter: "Thank God for Trump! That's why we love
him!"
A:2k
David Duke
@DrDavidDuke
Trump retweets video of crippled white kid in Europe
being beaten by migrants, and white people being
thrown off a roof and then beaten to death, He's
condemned for showing us what the fake news
media WON'T. Thank God for Trump! That's why we
love him!
9:33 AM - Nov 29, 2017
1,098

898

2,063

But they undercut efforts by Mr. Trump's own administration to dispel the
impression that he is anti-Muslim. Jared Kushner, the president's son-in-law and
senior adviser, had expressed hope that his success at building alliances with leaders
from Saudi Arabia and other Arab nations in recent months had put that perception
behind them, according to White House officials.
James K. Glassman, who as under secretary of state under Mr. Bush was charged
with promoting American ideals around the world, said Mr. Trump was "simply playing
into the hands of terrorists."

 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 13 of 16

"New recruits are attracted not by some phony version of Islam," he said, "but by
adolescent fantasies of sado-masochism and power and by the idea of being part of a
global conflict that's transfixed and frightened the rest of the world. The president's
retweet just reinforces the narrative. Not good."
Craig M. Considine, a lecturer at Rice University and the author of several books on
Muslims in the West, called the tweets an effort to stir up intolerance of Muslims in
Western countries and build a case for driving them out. "He's playing on this fear,
whipping up the fear," Mr. Considine said. "It is completely reckless."
Peter Baker and Eileen Sullivan reported from Washington. Reporting was contributed by
Megan Specia, Maggie Haberman, Laurie Goodstein and Mike McIntire from New York;
Dan Bilefsky from London; Jonathan Martin and Thomas Kaplan from Washington; and
Jim Tankersley from St. Louis.
A version of this article appears in print on November 30, 2017, on Page Al of the New York edition with the
headline: Trump Sets Off Furor in Sharing Extremist Videos.

© 2017 The New York Times Company

 EXHIBIT 4

Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 15 of 16
NEWS

SHOWS

VIDEO

CBSN

MORE

"

(IDC I li-SNk III

A

WH ON ANTi-MUSLIM VIDEOS! THREAT IS REAL
PRESIDENT RETWEETED VIDE05.FROM FAR-RIIGHT ACCOUNT

By
By

KATHRYN WATSON / CBS NEWS /

lltS\

November
November 29,
29, 2017,
2017, 3:25
3:25 PM
PM

White House defends
Trump's Muslim tweet by
mentioning travel ban
48 Comments

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Last Updated Nov 29, 2017 4:17 PM EST
White House deputy press secretary Raj Shah on Wednesday defended the
president's decision to retweet anti-Muslim videos from a far-right British account
by saying the president has consistently prioritized national security, including
through his travel order.
The response to a reporter's question aboard Air Force One undermines the
government's repeated argument to challenges against its various travel ban
versions that the ban had nothing to do with religion. In the past, courts have shot
down previous versions of the travel ban because the ban was perceived as
discriminatory based on religion.
"Does President Trump think Muslims are a threat to the U.S.?" a reporter asked,
in light of the president's early-morning retweets.
Shah said, "The president has addressed these issues with the travel order that he
issued earlier this year, and the companion proclamation. There are plenty of
Muslim-majority nations whose citizens can come to the U.S. without travel
restrictions. But those that pose public safety or terrorism threats, for our
worldwide security review that was overseen by the Department if Homeland
Security, is why there were certain travel restrictions put in place," Shah
responded.
The White House transcript said Shah said "No," before adding the president has
addressed these issues, although that was not picked up by audio.
Asked repeatedly in various ways about the retweeted videos, Shah continued to
emphasize the president's focus on national security over the course of years. The
president will talk about that focus in tweets and speeches, he said.

 Case 1:17-cv-00255-TSC Document 131-1 Filed 12/05/17 Page 16 of 16
Early Wednesday morning, Mr. Trump retweeted videos originally tweeted by
Jayda Fransen, deputy leader of the far-right United Kingdom party "Britain
First," which aligns itself with an anti-Islam, anti-immigration agenda. The violent
videos and images appear to be anti-Islamic in nature.
Shah said he wasn't sure if the president was aware of the source of the tweets.
"A lot of folks want to focus on videos," Shah said. "We want to focus on the issues.
It's about safety, it's about security." Shah also said.
When a reporter pointed out Mr. Trump retweeted videos, Shah responded, "Yeah,
but he's raising the issues."
White House press secretary Sarah Sanders responded similarly earlier in the day,
dismissing the videos while saying the threat to American security posed by
extremists is real.
Shah also shot down a New York Times story that reported Mr. Trump has
privately doubted the authenticity of the "Access Hollywood" tape in which he
discusses grabbing women by their private parts, even though Mr. Trump
apologized for saying such things last year. The New York Times also reported
aides said the president has used behind-doors conversations to revive the debate
over the authenticity of former President Barack Obama's birth certificate.
"On the New York Times story there are a number of inaccuracies in that report,"
Shah said. "Each of the issues that it brings up the president for quite some time
now has addressed. Nothing has changed on his views."
When asked what the inaccuracies are, Shah would not elaborate, only adding
again that the views of the president and his staff have not changed from the 2016
campaign.
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Kathryn Watson
Kathryn Watson is a politics reporter for CBS News Digital.

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