new york washington state attorney general promise uncover truly motivate president donald trump executive order immigration approach could prompt rare public examination u.s. president make national security decisions presidential order impose temporary ban travelers seven predominantly muslim countries federal judge bar enforcement order court consider challenge bring washington state thursday u.s. court appeal 9th circuit leave judge rule place without decide ultimate merit either side arguments decision 9th circuit cite previous case establish circumstantial evidence intent include statements decisionmakers may consider evaluate whether governmental action motivate discriminatory purpose trump administration argue ban necessary prevent potential terrorists enter country discriminatory text order mention particular religion washington attorney general bob ferguson signal sunday move aggressively obtain write document email author administration officials might contain evidence order unconstitutionally bias muslims islam also say would also move depose administration officials legal scholars say could move court uncharted water idea look motive never really apply president say john yoo former justice department lawyer george w. bush administration would represent serious expansion judicial oversight president entire executive branch say yoo professor university california berkeley school law trump harshly criticize federal judge washington decision top white house aide sunday accuse 9th circuit judicial usurpation power president power beyond question senior policy adviser stephen miller tell fox news sunday u.s. court historically careful probe motives behind laws part respect separation power branch government question racial religious discrimination sometimes allow intent examine 1993 instance supreme court find ordinance ban animal sacrifice hialeah florida though neutral face actually intend discriminate santeria church hold sacrifice sacred rite stephen griffin professor constitutional law tulane university say case like make clear court look beyond word trump executive order motive relevant say one question current case likely trump statements admissible examine administration motives issue order allow use evidence campaign state case strong say griffin december 2015 days mass attack islamic state sympathizers san bernardino california trump call total complete shutdown muslims enter unite state representatives figure go on late say support suspend immigration areas history terrorism stanford university law school professor michael mcconnell former federal appeal judge say court consider campaign statements trump swear oath uphold constitution become president complaint washington cite interview president day order sign christian broadcast network say would prioritize christians middle east admission refugees legal experts divide whether state lawyers allow question president advisers possibly even president depositions white house could potentially claim executive privilege protect president officials subpoena say thomas lee expert constitutional law fordham university anna-rose mathieson partner california appellate law group say one person might easily depose would presidential adviser former new york city mayor rudolph giuliani tell fox news president ask put commission together figure make muslim ban legal david pressman partner boies schiller flexner former assistant secretary homeland security obama administration say important protections place executive branch receive national security advice want situation court adjudicate intelligence come executive try formulate policy say pressman though case pressman say believe national security argument order clear open door question next step case certain trump administration say consider appeal 9th circuit rule supreme court 9th circuit might decide rehear case large panel judge president also say might replace order brand new one could end current legal action court likely probe trump 's intent issue travel ban