The unanimous rejection of the Trump administration’s efforts to reinstate the ban on travel from seven Muslim countries will lead to the first test between this White House and the intelligence community, particularly the CIA. The three-judge panel indicated that the travel ban did not bolster national security in the United States and that there was “no evidence” that anyone from the seven countries had committed terrorism in the United States. Former intelligence tsar James Clapper has stated that there is no intelligence to justify such a ban. However, the appeals court acknowledged that the president was owed deference on immigration and national security issues, which will compel the White House to tailor intelligence to document a threat.
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