State of Hawaii v. Trump

Filing 239

Declaration re 238 MOTION to Convert Temporary Restraining Order to Preliminary Injunction of Neal K. Katyal. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(Katyal, Neal)

DOUGLAS S. CHIN (Bar No. 6465)
Attorney General of the State of Hawai‘i
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiff, State of Hawai‘i

NEAL K. KATYAL*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

(See Next Page For Additional Counsel)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAI‘I

STATE OF HAWAI‘I and ISMAIL ELSHIKH,
Plaintiffs,

v.

DONALD J. TRUMP, in his official capacity as
President of the United States; U.S.
DEPARTMENT OF HOMELAND
SECURITY; JOHN F. KELLY, in his official
capacity as Secretary of Homeland Security;
U.S. DEPARTMENT OF STATE; REX
TILLERSON, in his official capacity as
Secretary of State; and the UNITED STATES
OF AMERICA,
Defendants.

Civil Action No. 1:17-cv-00050DKW-KSC
DECLARATION OF NEAL K.
KATYAL IN SUPPORT OF
PLAINTIFFS’ MOTION TO
CONVERT TEMPORARY
RESTRAINING ORDER TO
A PRELIMINARY
INJUNCTION; EXHIBITS A,
B, AND C IN SUPPORT OF
PLAINTIFFS’ MOTION TO
CONVERT TEMPORARY
RESTRAINING ORDER TO
A PRELIMINARY
INJUNCTION;
CERTIFICATE OF
SERVICE

ADDITIONAL COUNSEL
CLYDE J. WADSWORTH (Bar No. 8495)
Solicitor General of the State of Hawai‘i
DEIRDRE MARIE-IHA (Bar No. 7923)
DONNA H. KALAMA (Bar No. 6051)
KIMBERLY T. GUIDRY (Bar No. 7813)
ROBERT T. NAKATSUJI (Bar No. 6743)
Deputy Attorneys General
DEPARTMENT OF THE ATTORNEY
GENERAL, STATE OF HAWAI‘I
425 Queen Street
Honolulu, HI 96813
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Plaintiff, State of Hawai‘i

COLLEEN ROH SINZDAK*
MITCHELL P. REICH*
ELIZABETH HAGERTY*
HOGAN LOVELLS US LLP
555 Thirteenth Street NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
Email:
[e-mail]
THOMAS P. SCHMIDT*
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
Telephone: [phone]
Fax: [phone]
SARA SOLOW*
ALEXANDER B. BOWERMAN*
HOGAN LOVELLS US LLP
1835 Market St., 29th Floor
Philadelphia, PA 19103
Telephone: [phone]
Fax: [phone]
*Admitted Pro Hac Vice
Attorneys for Plaintiffs, State of
Hawai‘i and Ismail Elshikh

2

DECLARATION OF NEAL K. KATYAL IN SUPPORT OF PLAINTIFFS’
MOTION TO CONVERT TEMPORARY RESTRAINING ORDER TO A
PRELIMINARY INJUNCTION
I, NEAL K. KATYAL, hereby state and declare as follows:
1.

I am counsel for Plaintiffs, the State of Hawai‘i and Ismail Elshikh. I

have personal knowledge of and am competent to testify to the truth of the matters
stated herein. This Declaration is submitted in support of Plaintiffs’ Motion to
Convert Temporary Restraining Order to a Preliminary Injunction, filed
concurrently herewith.
2.

Attached as Exhibit A is a true and correct copy of remarks made by

President Donald J. Trump at a rally in Nashville, Tennessee on March 15, 2017,
as published on Time.com. See Katie Reilly, Read President Trump’s Response to
the Travel Ban Ruling: It ‘Makes Us Look Weak’, Time (Mar. 16, 2017),
https://goo.gl/UcPHfg.
3.

Attached as Exhibit B is a true and correct copy of an interview of

President Trump on Fox News on March 15, 2017, as transcribed by the
Washington Post. See Chris Cillizza, Donald Trump’s explanation of his wiretapping tweets will shock and amaze you, Washington Post (Mar. 16, 2017),
https://goo.gl/yMLIlm.
4.

Attached as Exhibit C is a true and correct copy of a New York Times

article published electronically on March 16, 2017 and in print on March 17, 2017.

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See Stephanie Saul, Amid ‘Trump Effect’ Fear, 40% of Colleges See Dip in
Foreign Applicants, N.Y. Times (Mar. 16, 2017), https://goo.gl/7iMhgq.

I declare under penalty of perjury that the foregoing is true and correct.
DATED:

Washington, D.C., March 21, 2017.
/s/ Neal K. Katyal
Neal K. Katyal

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