Justice Department lawyer August E. Flentje on Tuesday said courts should not second-guess President Trump’s targeted travel ban, drawing skepticism from a three-judge federal appeals panel weighing the limits of executive authority in cases of national security. August E. Flentje, the Justice Department’s lawyer, sensed he was not gaining ground with that line of argument. “I’m not sure I’m convincing the court,”

Judge Friedland said that if the executive order violated the Constitution’s ban on government establish of religion , the court could block it completely.“Has the government pointed to any evidence connecting these countries with terrorism?” she asked Mr. Flentje.He responded that the government had not had an opportunity to present evidence in court given the pace of the litigation. “These proceedings have been moving quite fast, and we’re doing the best we can,” Mr. Flentje said.With that, Judge Friedland said, the government’s appeal may be premature. New York Times