Trump’s Muslim Ban Possibly Headed To Supreme Court After 9th Circuit Upholds Suspension

Federal Appeals Court Unanimously Rules Against Trump, Maintains Freeze On Muslim Ban. The U.S. Court of Appeals for the 9th Circuit upheld a federal district judge’s temporary restraining order on President Donald Trump’s executive order that restricted travel to the United States from seven Muslim-majority countries. The appellate panel “flatly rejected the government’s argument that suspension of the order should be lifted immediately for national security reasons” in a unanimous 3-0 ruling, pointing out that “the government had not pointed to any substantive evidence to support its need for the ban.”  According to The Washington Post, “the Justice Department could now ask the Supreme Court … to intervene” and reinstate the ban. [The Washington Post, 2/9/17]

Court Ruled That Trump’s Previous Public Statements About Banning Muslims From Entering The Country “May Be Considered”

9th Circuit Ruling: “Evidence Of Purpose Beyond The Face Of The Challenged Law May Be Considered” When Evaluating The Order. In its ruling, the 9th Circuit wrote that the challengers “offered evidence of numerous statements by the President about his intent to implement a ‘Muslim ban’ as well as evidence they claim suggests that the Executive Order was intended to be that ban.” The ruling continued, “It is well established that evidence of purpose beyond the face of the challenged law may be considered in evaluating Establishment and Equal Protection Clause claims.” [State of Washington & State of Minnesota v. Trump, Page 25]

CNN: “Constitutional Scholars Agree” That Previous Statements From Trump And His Surrogates About A Muslim Ban “Could Be Used In Proceedings.” CNN’s Tal Kopan reported that “judges will be confronted with [Trump's] and his surrogates' record of statements” asserting his “intent to ban Muslims from entering the US as evidence that the move was in fact designed with such a goal in mind.” Kopan continued, “Constitutional scholars agree that those statements made by Trump and his surrogates could be used in proceedings.” From the February 7 CNN article:

But as his controversial executive order banning individuals from seven majority-Muslim countries is challenged in the courts, judges will be confronted with his and his surrogates' record of statements -- and could take them both literally and seriously.

Legal challenges to the order point to a series of statements about Trump's intent to ban Muslims from entering the US as evidence that the move was in fact designed with such a goal in mind -- and constitutional law experts agree there is a precedent for the courts taking that argument to heart.

In a case currently before the 9th Circuit Court of Appeals, lawyers for the states of Washington and Minnesota cite previous court holdings on religious discrimination that it is "'the duty of the courts to distinguish a sham secular purpose from a sincere one.'"

“Here, the sham of a secular purpose is exposed by both the language of the order and defendants' expressions of anti-Muslim intent,” the lawyers wrote.

Constitutional scholars agree that those statements made by Trump and his surrogates could be used in proceedings.

“Those statements are definitely relevant, because there's a longstanding doctrine that there can be laws or executive orders that on their face don't discriminative on the basis of race or religion but that is their motive -- and if that is their motive, they can be struck down,” said Ilya Somin, a George Mason University law professor. [CNN.com, 2/7/17]

Trump Has Repeatedly Declared His Intent To Discriminate Against Muslims

Trump Called For “A Total And Complete Shutdown Of Muslims Entering The United States.” On December 7, 2015, Trump published a press release “calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what is going on.” Trump's statement claimed that “there is great hatred towards Americans by large segments of the Muslim population” and that “until we are able to determine and understand this problem and the dangerous threat it poses, our country cannot be the victims of horrendous attacks by people that believe only in Jihad, and have no sense of reason or respect for human life.” [DonaldJTrump.com, 12/7/15]

Trump To Bill O’Reilly: “It’s A Temporary Ban … Until We Come Down With The Answer As To What’s Happening With The Muslim Population.” Trump told Fox News host Bill O’Reilly that he would establish a “temporary ban” and a “system to see who qualifies to come in, who doesn't, until we come down with the answer as to what’s happening with the Muslim population.” From the December 9, 2015, edition of Fox News’ The O’Reilly Factor:

BILL O’REILLY (HOST): If you are elected president, what will you do regarding Muslims, non-American citizens, traveling to the USA? What will you do?



[...]



DONALD TRUMP: I would set up a very strong system, and I'm very happy that tonight -- because last night I'm not sure it was mentioned -- but you said this is a temporary system. I would set up a very -- it's a temporary ban on, not everybody, but many. I would set up a system to see who qualifies to come in, who doesn't, until we come down with the answer as to what’s happening with the Muslim population. [Fox News, The O’Reilly Factor, 12/9/15]

Trump Told A Fox Host That The Ban On Muslims Entering The U.S. Would Be Lifted Only “When People Can Be Properly Vetted.” Former co-host of Fox News’ Fox & Friends Elisabeth Hasselbeck questioned Trump about his proposal to “put a hold on Muslims entering the country,” asking, “If in fact this were constitutional and able to be implemented by asking someone their religion, … when would Muslims be allowed back in?” Trump responded that the ban would be lifted “when people can be properly vetted.” From the December 10, 2015, episode:

ELISABETH HASSELBECK (CO-HOST): This comes after your comments saying that you were going to temporarily put a hold on Muslims entering the country. Prior to that, you had 30 percent of primary Republican voters in South Carolina. After your comments, you had 38 percent there. So a jump there. But let me ask you this: When it comes to how temporary this program is, when we hear general after general say we’re in this for the long haul, this war against radical Islam, there’s no end in sight. So when would you allow, as president of the United States, if in fact this were constitutional and able to be implemented by asking someone their religion, but when would Muslims be allowed back in?

DONALD TRUMP: When people can be properly vetted. They have to be vetted. We have people coming into this country, we have no idea where they are.

[...]

TRUMP: I mean, there’s great hatred out there, Elisabeth. You have tremendous hatred out there, and until we find out what’s going on, that’s all I’m saying. I want this to be temporary. You saw -- many of my friends who are Muslims came out and they said, you know, we like Donald. And I’ve gotten calls from Muslims at a high level --

HASSELBECK: But how do you find out?

TRUMP: But Elisabeth, at a high level thanking me for bringing up this problem because they know they have a real problem. [Fox News, Fox & Friends, 12/10/15]

Trump: Polls Don’t Accurately Reflect The Support For “The Banning Of Muslims.” Trump told CNN’s Jake Tapper in December 2015 that he believed he had more support for his plan of “banning of Muslims” than public polls were registering and that his Muslim friends were “so happy” about his proposal “because they know they have a problem. There is a problem.” From the December 13, 2015, edition of CNN’s State of the Union:

DONALD TRUMP: Jake, I didn't do it for polls, so I don't even care what the polls say. I didn't do it for polls. Now, my polls happen to have gone up a lot since this announcement. A lot of people thought it would go down. I didn't do it for that reason. But, with that being understood, when you're getting a phone call from a polling agency, and they're saying, well, do you support, you know, the banning of Muslims, et cetera, do you think you're going to say -- who's going to say yes? I don't think the polls are accurate. At the same time, I have many friends that are Muslims. And I will tell you, they are so happy that I did this, because they know they have a problem. There is a problem.

JAKE TAPPER (HOST): Your Muslim friends are happy -- are happy?

TRUMP: Radicalized -- I have many friends, and at the highest level. And they -- I have partners that are Muslim. I have unbelievable relationships.

TAPPER: And they support a ban on Muslims entering the U.S.?

TRUMP: They said -- no, they said, it's about time that somebody spoke up as to radicalism. [CNN, State of the Union, 12/13/15]

Trump To Chris Wallace: The Ban Will Be “Temporary” Until “The Muslims … Help Us Figure Out This Tremendous Hatred There.” Trump told Fox News’ Chris Wallace, “The Muslims have to help us figure out this tremendous hatred there,” and until they do, there will be a “temporary” ban. Trump added, “There’s a sickness. They’re sick people. There’s a sickness going on. There’s a group of people that’s very sick” and that “the Muslims can help us figure out the answer.” From the December 13, 2015, edition of Fox Broadcasting’s Fox News Sunday:

CHRIS WALLACE (HOST): Some things you’ve said haven't made people happy. You say that the Muslim ban is about security, not about religion, but you would block all foreign Muslims. That's one and a half -- let me just finish.



DONALD TRUMP: Go ahead.



WALLACE: One and a half billion people from coming into this country. Are you saying that all of them are potential security threats?



TRUMP: We have people flying airplanes into World Trade Centers. We have people shooting people in California like happened last week. We have big problems, problems that nobody understands. You don't understand them. I don't understand -- people don't understand them. The Muslims have to help us figure out this tremendous hatred there. There's tremendous hatred. Where it comes from, I don't know.



[...]



There’s a sickness. They’re sick people. There’s a sickness going on. There’s a group of people that’s very sick. And we have to figure out the answer. And the Muslims can help us figure out the answer.

[...]

I want the Muslims to help. I knew there'd be a storm. I'm a very smart person -- I knew there would be a storm. But we need the Muslims to help us figure it out.

[...]

WALLACE: You say this is temporary unless we figure out, in your words, quote, “what the hell is going on.”

TRUMP: It's temporary. Chris, they've got to help us. [Fox Broadcasting, Fox News Sunday, 12/13/15]

Trump: “Banning” Muslims “Until Figuring Out What’s Going On Is An Important Thing.” Trump told MSNBC’s Chris Matthews, “I think banning [Muslims] until figuring out what's going on is an important thing. I take a lot of heat for it. A lot of people like me for it, to be honest with you. But Chris, there's something going on.” Trump further said, “I have been called by more Muslims saying what you are doing is a great thing, not a bad thing.” From a March 30 MSNBC town hall:

CHRIS MATTHEWS (MODERATOR): Does banning their entry into the country, even temporarily, encourage them to be on our side against the terrorists or encourage them to be on the other side?



DONALD TRUMP: I think banning until figuring out what's going on is an important thing, and I take a lot of heat for it. A lot of people like me for it, to be honest with you. But Chris, there's something going on. It’s really bad.



MATTHEWS: But there's 1.6 billion Muslims in the world, and they're all getting a message from Donald Trump, who's leading the fight for the Republican nomination for president, saying, stay out of my country. How does that encourage them to fight ISIS? How does that encourage them to fight the bad guys?



TRUMP: Chris, here’s why. Let me explain. They have a problem, too. They have a big problem.



MATTHEWS: Well if we say go away --



TRUMP: I have been called by more Muslims saying what you are doing is a great thing, not a bad thing.



MATTHEWS: Are any Muslims telling you that?



TRUMP: The two people in San Bernardino -- I have, actually, believe it or not, I have a lot of friends that are Muslim and they call me. In most cases, they're very rich Muslim. OK? But they do call me --

MATTHEWS: But do they get in the country?



TRUMP: Oh, they'll come in.



MATTHEWS: How do you let them in?



TRUMP: They'll come in. And you'll have exceptions. [MSNBC, Donald Trump Town Hall, 3/30/16]

Trump: “I’m Thinking About Setting Up A Commission” To Look At “Radical Islamic Terrorism” And A “Temporary” Muslim Ban, “Perhaps Headed By Rudy Giuliani.” Trump was asked by Fox News host Steve Doocy about “the temporary Muslim ban,” and he responded, “Well, we have a ban, there are obviously some very bad things going on.” Trump added that “it’s a temporary ban” and that he was “thinking about setting up a commission” led by former New York City Mayor Rudy Giuliani to “study a problem” of “radical Islamic terrorism.” From the May 11 edition of Fox News’ Fox & Friends:

STEVE DOOCY (CO-HOST): What about the temporary Muslim ban?

DONALD TRUMP: Well, we have a ban, there are obviously some very bad things going on. And we're going to figure out what's going on and we're going to be very, very careful. We’re allowing Syrians to come in here. We have no idea who they are, we have no paperwork. There's no documentation. They're pouring into the country, our country, by the thousands. You see what's happening in Germany. It's a mess. You look at Sweden and some of these other countries that are taking them, it's a total mess. And I want to be very, very careful. So I'm going to be extremely vigilant and careful.

BRIAN KILMEADE (CO-HOST): But careful is one thing, but also you also have saluted the Kurds in the past. You also mentioned the London mayor who just won an election, that you wish him the best. So to make a swooping comment about all Muslims and Donald Trump disliking them, that’s not correct either. Correct?

TRUMP: It's a temporary ban, Brian, and we’re going to look at it, and we’re going to study a problem. We have a problem. Now, if you don't want to discuss the problem, then we're never going to solve the problem. We have a president that won't even use the term radical Islamic terrorism. He won't even use the term. He refuses to say the term, even after Paris where 130 people were killed or San Bernardino or any other place. He refuses -- our president refuses to discuss the term. And it's a real -- it's a real problem, not only here, but throughout the world. It's a real problem. So we'll figure it out, and we will get it going. But we have to be extremely careful. In fact, I'm thinking about setting up a commission, perhaps headed by Rudy Giuliani, to take a very serious look at this problem. But this is a worldwide problem, and we have to be smart. [Fox News, Fox & Friends, 5/11/16]

Trump: Giuliani “Will Head” Up A Commission To “Look At The Muslim Ban.” Trump told Fox News’ Greta Van Susteren that Giuliani “will head” a commission to “look at the Muslim ban or temporary ban, as we call it.” From the May 11 edition of Fox News’ On The Record:

GRETA VAN SUSTEREN: Now I heard today that you had at least discussed a possible immigration commission. Is that right?



DONALD TRUMP: I'm looking at it very strongly with Rudy Giuliani heading it.



SUSTEREN: Has he said he would?



TRUMP: I have spoken to him a little while ago. We are going to put together a group of probably five or six people, very, very highly thought of people. And I think Rudy will head it up. And we'll look at the Muslim ban or temporary ban, as we call it. And we'll look at some other things on immigration, and I have a lot of confidence in Rudy Giuliani. [Fox News, On The Record, 5/11/16]

Trump: It’s OK If My Vice President “Disagree[s] On A Muslim Ban” Because “I’m Not Going To Agree With” Everybody. Amid speculation that Mike Pence would be tapped as Trump’s running mate, Greta Van Susteren noted that Pence previously spoke out against Trump’s proposed Muslim ban, to which Trump replied, “Well, you know, I’m not going to agree with anybody” and “There's always going to be somebody where they disagree on a border or they disagree on a Muslim ban or they disagree on something. So I fully understand that. Probably less with the Mike than most.” From the July 14 edition of Fox News’ On The Record:

GRETA VAN SUSTEREN (HOST): All right. Well, let me just jump to the politically correct. You know the rumors out there, I'm sure. I know you have denied that you have made a decision, or you haven't released it. But Governor Mike Pence -- the media is reporting that they think is your vice presidential nominee -- he said back in December, “Calls to ban Muslims from entering the United States are offensive and unconstitutional.” In light of the remarks you have made about a temporary ban, how would you reconcile that?

DONALD TRUMP: Well, you know, I'm not going to agree with anybody. I mean, I have interviewed many, many people would like to have this position. You see what's happening with the polls. The polls are very strong and getting up and stronger and stronger every day. And a lot of people want this position. A lot of people that you don't know about want this position. And there is nobody that agrees with me fully on anything. There's always going to be somebody where they disagree on a border or they disagree on a Muslim ban or they disagree on something. So I fully understand that. Probably less with Mike than most. But I haven't made my final, final decision. [Fox News, On The Record, 7/14/16]

Trump: “Yes,” Persecuted Christians Will Be Given Priority As Refugees Over Muslims Because It’s “Almost Impossible” For Syrian Christians To Come To The U.S. When CBN host David Brody asked Trump, “As it relates to persecuted Christians, do you see them as kind of a priority here?” Trump replied, “Yes,” adding that “if you were a Christian in Syria, it was impossible, at least very tough to get into the United States.” From the January 27 interview:

DAVID BRODY (HOST): Persecuted Christians, we’ve talked about this, the refugees overseas. The refugee program, or the refugee changes you’re looking to make. As it relates to persecuted Christians, do you see them as kind of a priority here?



DONALD TRUMP: Yes.



BRODY: You do?



TRUMP: They’ve been horribly treated. Do you know if you were a Christian in Syria it was impossible, at least very tough to get into the United States? If you were a Muslim you could come in, but if you were a Christian, it was almost impossible and the reason that was so unfair, everybody was persecuted in all fairness, but they were chopping off the heads of everybody but more so the Christians. And I thought it was very, very unfair. So we are going to help them. [Christian Broadcasting Network, The Brody File, 1/27/17]

Trump Campaign And Administration Officials Expressed Intent To Discriminate Against Muslims

Trump Advisor Rudy Giuliani: “When Trump First Announced It, He Said ‘Muslim Ban’" And “He Called Me Up And Said, … ‘Show Me The Right Way To Do It Legally.’” Giuliani, who acted as an advisor to Trump throughout his campaign and was a frequent campaign surrogate on cable news programs, explained in an interview that “when [Trump] first announced it he said ‘Muslim ban.’ He called me up and said, 'Put a commission together. Show me the right way to do it legally.'” From the January 28 edition of Fox News’ Justice With Judge Jeanine:

JEANINE PIRRO (HOST): Does the ban have anything to do with religion? How did the president decide the seven countries? I understand the permanent ban on the refugees. OK, talk to me.

RUDY GIULIANI: OK. I'll tell you the whole history of it. So when he first announced it he said “Muslim ban.” He called me up and said, “Put a commission together. Show me the right way to do it legally.” I put a commission together with Judge Mukasey, with Congressman McCaul, Pete King, a whole group of other very expert lawyers on this. And what we did was we focused on, instead of religion, danger. The areas of the world that create danger for us. Which is a factual basis. Not a religious basis. Perfectly legal, perfectly sensible, and that's what the ban is based on. It's not based on religion. It's based on places where there are substantial evidence that people are sending terrorists into our country. [Fox News, Justice with Judge Jeanine, 1/28/17]

White House Press Secretary Sean Spicer: “We Need To Make Sure We Recognize [Christians]” So They Can “Practice Their Religion.” In an interview with White House press secretary Sean Spicer on ABC’s This Week, host Martha Raddatz pointed to Trump’s statement to the Christian Broadcasting Network that Christian refugees would be prioritized and asked, “Why are Christian refugees more worthy of admission to the United States than Muslims or even Jewish refugees?” Spicer responded that “in some of these countries, [Christians] are the persecuted group” and that they are “not able to practice their religion, in some cases under threat.” [ABC, This Week with George Stephanopoulos, 1/29/17]

Trump Campaign Spokesperson Katrina Pierson: There Is “No” Chance Trump Will Back Away From Muslim Ban Pledge. Trump campaign spokesperson Katrina Pierson told CNN host John Berman there is “no” chance that Trump would back off his pledge to ban Muslims from entering the United States, saying, “We still have a problem. We still have ISIS. … [Voters] wanted Donald Trump to sign a loyalty pledge, and now we are seeing everybody else fall backwards on their own words.” From the May 6 edition of CNN’s New Day:

JOHN BERMAN (HOST): All right, Katrina, some of the positions that over time we've known that Paul Ryan is somewhat uncomfortable with. He spoke out against Donald Trump's proposal to ban Muslims from entering the United States temporarily. Any chance that Donald Trump will move off that position?

KATRINA PIERSON: No, not at all. We still have a problem. We still have ISIS. We now see outposts being set up in Lebanon to bring even more of these infiltrators into the country. The bottom line is -- and I was there from the beginning of the tea party movement. The tea partiers wanted to fight for a Republican conservative in the primaries. Never did the tea party ever say go and support a Democrat, or worse, a Clinton for that matter. Everything is at stake. The voters have spoken. We have always said, let the process play out. The leaders said let the process play out. [CNN, New Day, 5/6/16]

Pierson: Trump “Has Not Backpedaled. And Let Me Repeat This. He Has Not Backpedaled On His Muslim Ban.” In response to CNN host Wolf Blitzer asking if Trump was “softening his position on some sensitive issues like a temporary ban on Muslims coming to the United States,” Pierson responded, “No. Not at all. ... [H]e has not backpedaled. And let me repeat this. He has not backpedaled on his Muslim ban.” Pierson added, “This media outcry of how Trump has somehow backed off of his Muslim ban I find quite absurd because that is just simply not the case.” From the May 13 edition of CNN’s The Situation Room:

WOLF BLITZER (HOST): But he is seemingly softening his positions right now, now that he no longer has to worry about getting the nomination, the Republican presidential nomination. Now that he has to worry about a general election, he seems to be softening his position on some sensitive issues like a temporary ban on Muslims coming to the United States. He now says that's a suggestion. He seems to be softening his position on tax policy. Is he now moving away from the right, shall we say, toward the center as he worries about a general election? Because that's what regular politicians as you know do.

KATRINA PIERSON: No. Not at all. What Mr. Trump is saying is that yes, all of his policies are suggestions, like any other candidate. We all recall that time when, if you liked your doctor, you can keep your doctor. Guess what, that actually didn’t stay the policy. Mr. Trump was just being very honest with voters, and he has not backpedaled. And let me repeat this. He has not backpedaled on his Muslim ban. He said he would back off of it in an instant if things have taken place to where we could properly vet individuals. So this media outcry of how Trump has somehow backed off of his Muslim ban I find quite absurd, because that is just simply not the case. [CNN, The Situation Room, 5/13/16]

Trump’s Media Surrogates Referenced Intent To Discriminate Against Muslims

CNN’s Kayleigh McEnany: “When He Said He Would Temporary Ban Muslim Immigration, … He Never Backed Down From That.” During the February 18, 2016, edition of CNN Tonight, Trump surrogate and CNN contributor Kayleigh McEnany asserted that Trump “has been nothing but consistent … when he said he would temporarily ban Muslim immigration.” McEnany continued that “he never backed down from that”:

KAYLEIGH MCENANY: He has been nothing but consistent. Look, when he said he would temporarily ban --

KATIE PACKER: That's just laughable, Kayleigh.

MCENANY: Katie, let me finish. You talked, let me finish. When he said he would temporarily ban Muslim immigration under intense media scrutiny, he never backed down from that on. Every policy has never backed down. [CNN, CNN Tonight, 2/18/16 via Nexis]

CNN’s Scottie Nell Hughes Defended Trump’s Call For A Ban On All Non-American Muslims. Trump surrogate and CNN contributor Scottie Nell Hughes argued that Trump planned to target Muslims generally instead of, as CNN’s Blitzer put it, “radical Islam” or “extremist Islam” because “it's very hard to tell the difference” between refugees and “radicals.” Hughes added, “And it's not like there's stickers on them saying good versus bad.” From the March 3 edition of CNN’s Wolf:

WOLF BLITZER (HOST): So, it's caused a lot of controversy, because he said Islam. He didn't say radical Islam, extremist Islam. He said Islam. And Anderson asked him about that, why just Islam? And he didn't back away from that. What did he mean by that? Because there are more than a million -- a billion and a half Muslims out there who hear something like that, obviously, most of them are pretty upset.

SCOTTIE NELL HUGHES: Absolutely. And I think what Mr. Trump was referring to was he was reflecting the sentiment that we're seeing in some of these polls. The CNN exit poll from Michigan, six out of every 10 Republicans do support a temporary ban of non-American Muslims coming into this country until we get things fixed. Mississippi, eight out of every 10.

[...]

BLITZER: But he would've been better off saying radical Islam.

HUGHES: It's --

BLITZER: Not just lumping all Muslims because there are many Muslims who served in the U.S. military, very patriotic Americans. And it's very, very inappropriate to lump all Muslims as saying Islam hates us.

HUGHES: Absolutely, but when you look at it, those people that have come over here as refugees, they're running from somebody. They're running from those radicals right there. And as Mr. point -- Trump pointed out, it's very hard to tell the difference from them. And it's not like there's stickers on them saying good versus bad. And it's very hard. And until the Muslim community and the Islamic community steps up and starts policing some of their own and calling out some of their own and pointing it out, you're going to have this sort of an instability right now amongst folks that when they look upon somebody, they don't know who exactly they're looking at. [CNN, Wolf, 3/10/16 via Nexis]

Hughes: Trump’s Immigration Policies, Including His “Temporary Ban Regarding Muslims, … Are Definitely Steadfast.” Appearing on CNN Newsroom, Hughes asserted that Trump’s “temporary ban regarding Muslims” is a “definitely steadfast” policy. From the May 28 edition:

SCOTTIE NELL HUGHES: Well, he has said that he does not agree with the violence going on outside. He encourages his supporters not to interact outside with them or go to other rallies and to do the same. And for us encouraging, these acts of protesting mainly has immigration policies, also his policy, temporary ban regarding Muslims. You know what? Those policies are definitely steadfast, he does say he's going to build a wall and he does say that we need a temporary solution to fix our security system here in the United States. [CNN, CNN Newsroom, 5/28/16 via Nexis]

Hughes: The Khan Family Spoke At The Democratic National Convention Because They Were “Against Mr. Trump’s Muslim Ban.” Hughes referred to Trump’s “Muslim ban” when speaking about Khizr and Ghazala Khan’s appearance at the Democratic National Convention on the July 31 edition of CNN Newsroom:

SCOTTIE NELL HUGHES: Well, on the one hand, you have the parents of a soldier that was killed, and that was horrible and definitely, our hearts go out to them. As they are Gold Star parents for that. However, the reason they were on that stage was not because of his opinion of losing his son and not because of that despair, but because he was against Mr. Trump's Muslim ban. [CNN, CNN Newsroom, 7/31/16, via Nexis]

Fox News Figures Acknowledged Trump’s Intent To Discriminate Against Muslims

Fox’s Sean Hannity: Trump’s Proposal Is To “Put A Temporary Ban On Muslims Coming Into America.” Fox’s Sean Hannity characterized Trump’s ban as a “temporary ban on Muslims coming into America.” From the December 9, 2015, edition of Hannity:

SEAN HANNITY (HOST): The big political news is Donald Trump's proposal, put a temporary ban on Muslims coming into America, not Muslim Americans, but keep people coming from countries where there are these theocracies, where sharia law is the law of the land and these theocratic states, et cetera. [Fox News, Hannity, 12/9/15 via Nexis]

Andrea Tantaros: “Discriminating Based On Religion … Helps [Trump] In The Polls Because It’s A Solution To A Problem That No One Will Tackle.” Former Fox host Andrea Tantaros noted that Trump was proposing “discriminating based on religion” and argued that it would help Trump in the polls. From the December 8, 2015, edition of Fox News’ Outnumbered:

ANDREA TANTAROS: But, Sandra, from a messaging perspective, again we see Trump, though he says something that is inflammatory perhaps, right? Discriminating based on religion, right?

SANDRA SMITH: It helps him in the polls.

TANTAROS: It helps him in the polls because it's a solution to a problem that no one will tackle. [Fox News, Outnumbered, 12/8/15]

Doug McKelway: “Trump’s Call For A Temporary Ban On Muslims In This Country, Once Decried By Many Critics As Racist, Seems Not So Racist” After European Sexual Assaults. Fox’s Doug McKelway claimed that reports of sexual assault in Cologne, Germany, would make “Trump’s call for a temporary ban on Muslims in this country” seem “not so racist to some of those critics in the aftermath of what happened.” From the January 21, 2016, edition of Fox News’ Happening Now:

DOUG MCKELWAY: Trump's call for a temporary ban on Muslims in this country, once decried by many critics as racist, seems not so racist to some of those critics in the aftermath of what happened in Cologne, Germany on New Year’s Eve when hundreds of women were sexual assaulted by people who, it turns out, many of them were recent refugees from the Middle East. Heather, back to you. [Fox News, Happening Now, 1/21/16