Pres. Trump’s case continues to worsen. Ten former State Department officials signed affidavits attesting that the travel ban does not make the U.S. safer. Former CIA Director, Gen. Mike Hayden, former Secretary of State Madeleine Albright, former Secretary of State John Kerry, former National Security Advisor Susan Rice and others have submitted testimony that the ban does not do what the administration claims it does. See NPR news report.

This would be like in an employment suit, former high level managers directly contradicting the employer’s stated rationale for a termination. It would be comparable to several former high level managers saying “No, the revenue projections were positive. Lay-offs were not necessary.” Too, it is just extraordinary when ten former officials care enough to go to the trouble of reviewing and then signing affidavits within such a short amount of time.The exhibit was filed early Monday morning. So, they must have coordinated all this leg-work on Sunday. Judges do take more notice of a lawsuit in which persons with no apparent financial stake in the outcome will go to some trouble to support a lawsuit.

Many of these persons were Democrats. But, for purposes of a lawsuit, that may not matter. What does matter is all ten former officials have expertise regarding the claimed rationale. Many discrimination cases hold that if the stated rationale does not hold water, then the finder of fact can construe the true motive was an improper one, such as discrimination.

The administration starts with a deficit. It is trying to argue that the travel ban is not a Moslem ban. Yet, Donald Trump has been quite well known for proclaiming the need for a Moslem ban for many months. Do his lawyers really expect the judge to disregard his public pronouncements? I doubt it. The Department of Justice lawyers have been given a very difficult case and are doing the best they can with it.