State of Washington, et al., v. Trump., et al

Filing 113

RESPONSE by Plaintiff State of Washington re 108 Notice-Other Notice of Filing of Executive Order (Attachments: # 1 Declaration of N. Purcell, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Melody, Colleen)

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The Honorable James L. Robart
ROBERT W. FERGUSON
WSBA #26004
Attorney General
NOAH G. PURCELL
WSBA #43492
Solicitor General
COLLEEN M. MELODY
WSBA #42275
Civil Rights Unit Chief
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
206-464-7744

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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STATE OF WASHINGTON and
12 STATE OF MINNESOTA,
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CIVIL ACTION NO. 2:17-cv-00141-JLR

Plaintiffs,

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v.

15 DONALD TRUMP, in his official
capacity as President of the United
16 States; U.S. DEPARTMENT OF
HOMELAND SECURITY; JOHN F.
17 KELLY, in his official capacity as
Secretary of the Department of
18 Homeland Security; REX W.
TILLERSON, in his official capacity
19 as Secretary of State; and the UNITED
STATES OF AMERICA,
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Defendants.
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DECLARATION OF NOAH G.
PURCELL IN SUPPORT OF
RESPONSE TO DEFENDANTS’
NOTICE OF FILING OF
EXECUTIVE ORDER

Pursuant to 28 U.S.C. § 1746(2), I, Noah G. Purcell, hereby declare as follows:

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1.

I am over the age of eighteen and competent to testify.

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2.

I am the Solicitor General for the State of Washington. I make this declaration as a

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representative of the State of Washington (“State”) in support of Response to Defendants’

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Notice of Filing of Executive Order.

PURCELL DECL. ISO RESPONSE TO
DEFENDANTS’ NOTICE OF FILING OF
EXECUTIVE ORDER

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

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3.

Attached hereto as Purcell Declaration Exhibit A is a true and correct copy of a

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transcript from the Republican primary debate held on January 14, 2016, printed from

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http://www.presidency.ucsb.edu/ws/index.php?pid=111395.

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4.

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from the C-SPAN webpage containing a video of President Trump’s remarks on

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December 21, 2016. The video is available at: https://www.c-span.org/video/?420583-

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101/presidentelect-trump-speaks-reporters-palm-beach-florida.

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5.

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printout of a Washington Post news article dated February 16, 2017, titled “Donald Trump’s

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combative, grievance-filled news conference, annotated,” which includes a transcript of

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President Trump’s February 16, 2017 press conference.

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transcript of a February 21, 2017, Fox News interview with President Trump’s advisor,

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Stephen Miller, titled “Miller: New order will be responsive to the judicial ruling; Rep. Ron

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DeSantis:

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http://www.foxnews.com/transcript/2017/02/21/miller-new-order-will-be-responsive-to-

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judicial-ruling-rep-ron-desantis.

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7.

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transcript of White House Press Secretary Sean Spicer’s Press Gaggle held on

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March 6, 2017, printed from https://www.whitehouse.gov/the-press-office/2017/03/06/press-

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gaggle-press-secretary-sean-spicer.

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8.

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transcript of White House Press Secretary Sean Spicer’s Press Conference held on

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February 27, 2017, printed from https://www.whitehouse.gov/the-press-office-

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2017/02/27/press-briefing-press-secretary-sean-spicer-2272017-17.

Attached hereto as Purcell Declaration Exhibit B is a true and correct copy of printout

Attached hereto as Purcell Declaration Exhibit C is a true and correct copy of a

Attached hereto as Purcell Declaration Exhibit D is a true and correct copy of a

Congress

has

gotten

off

to

a

slow

start,”

printed

from

Attached hereto as Purcell Declaration Exhibit E is a true and correct copy of a

Attached hereto as Purcell Declaration Exhibit F is a true and correct copy of a

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PURCELL DECL. ISO RESPONSE TO
DEFENDANTS’ NOTICE OF FILING OF
EXECUTIVE ORDER

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

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9.

Attached hereto as Purcell Declaration Exhibit G is a true and correct copy of a

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printout of a Washington Post news article dated March 6, 2017, titled “Revised executive

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order bans travelers from six Muslim-majority countries from getting new visas.”

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10.

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report linked to a Washington Post news article dated February 24, 2017, titled “DHS report

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casts doubt on need for Trump travel ban.” The draft report is available at

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https://assets.documentcloud.org/documents/3474730/DHS-intelligence-document-on-

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President-Donald.pdf.

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11.

Attached hereto as Purcell Declaration Exhibit H is a true and correct copy of a draft

Attached hereto as Purcell Declaration Exhibit I is a true and correct copy of a final

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report published in an MSNBC news article dated March 3, 2017, titled “TRMS Exclusive:

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DHS document undermines Trump case for travel ban.” The final report, titled Intelligence

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Assessment: Most Foreign-born, US-based Violent Extremists Radicalized after Entering the

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Homeland;

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http://i2.cdn.turner.com/cnn/2017/images/03/03/dhs.intell.assessment.pdf.

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printout of a Fox news article dated February 25, 2017, titled “Trump rejects DHS intelligence

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report on travel ban.”

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Opportunities

for

Tailored

CVE

Programs

Exist,

is

available

at

Attached hereto as Purcell Declaration Exhibit J is a true and correct copy of a

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

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Executed this 9th day of March, 2017

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s/ Noah G. Purcell
NOAH G. PURCELL, WSBA #43492
Solicitor General
Office of the Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]

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PURCELL DECL. ISO RESPONSE TO
DEFENDANTS’ NOTICE OF FILING OF
EXECUTIVE ORDER

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ATTORNEY GENERAL OF WASHINGTON
800 Fifth Avenue, Suite 2000
Seattle, WA 98104-3188
[phone]