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Jeff Chiu / AP

A three-judge panel (two Democratic appointees and one Republican) attacked the government's defense of President Trump's travel order during a hearing today in San Francisco.

Hot take: The headline on the running AP story: "Federal judges express skepticism about Trump travel ban"

During the government's oral arguments, Judge Michelle T. Friedland, an Obama appointee, asked the government's attorney August Flentje if there is any evidence showing "linkage" between the seven countries subject to the president's travel ban. Flentje said "these proceedings have been moving very fast" and that some evidence had not been included. Later he added some Somalis had been arrested.

The government's primary argument was that if an individual had brought the case — not the state of Washington — they might have standing. He said the current legal case was too broad.

It is extraordinary for a court to enjoin a president's national security decision based on a few newspaper articles. — August Flentje

(A note on Flentje: he was a late add to the government's team after earlier lawyers were swapped out because of relationships with the law firm Jones Day which had filed a brief opposing the ban.)

The judges asked the states hard questions too, but most of them reflected the panel trying to gauge what the state's future arguments might be, and what decision the panel could make to meet requests from Washington and Minnesota. Washington's Noah Purcell said the states believe the burden is on the federal government to show the likelihood of success because it is an appeal, but that if the case were to proceed he would add details about standing.

What's next: A court spokesman said a ruling is unlikely today. Trump earlier today said the case might go to the Supreme Court.

Go deeper

Updated 17 mins ago - Sports

MLB headed for first lockout since '95 as deal expires

Baseball Commissioner Rob Manfred (L) and Major League Baseball Players Association executive director Tony Clark. Photo: Matt King/MLB via Getty Images

Major League Baseball's collective bargaining agreement expired at 11:59 p.m. ET Wednesday without a new deal in place.

Why it matters: With no CBA, the MLB is headed for the first management lockout since a 1994-95 strike led to the cancelation of the World Series for the first time in 90 years.

Media giants back Bannon's bid to release Jan. 6 documents

Former Trump adviser Steve Bannon at the FBI Washington Field Office in Washington, DC., in November. Photo: Win McNamee/Getty Images

A coalition of news outlets including the Washington Post is supporting Stephen Bannon's campaign for the release of documents related to his contempt of Congress charges, WashPost confirmed Wednesday.

Why it matters: WashPost, the New York Times, CNN, NBC, the Wall Street Journal's parent company and others filed a motion arguing that a proposed protective order seeking to prevent the documents from being released violates the First Amendment, per the Daily Mail, which first reported on the news.

Symone Sanders leaving VP's office

Vice President Kamala Harris and her press secretary Symone Sanders. Photo: Alex Wong/Getty Images

Symone Sanders, senior advisor and chief spokesperson to Vice President Kamala Harris, is leaving the VP’s office by the end of this year, three White House officials told Axios on Wednesday.

Why it matters: The VP has faced an onslaught of criticism in her first year centered on her leadership and staff, adding to the suggestion, she’s not the Democratic Party’s preferred nominee for 2024.