Sessions made the comments in an interview with “The Mark Levin Show” Tuesday evening that was put online Wednesday.
“We’ve got cases moving in the very, very liberal Ninth Circuit, who, they’ve been hostile to the order,” Sessions said. “We won a case in Virginia recently that was a nicely-written order that just demolished, I thought, all the arguments that some of the other people have been making. We are confident that the President will prevail on appeal and particularly in the Supreme Court, if not the Ninth Circuit. So this is a huge matter. I really am amazed that a judge sitting on an island in the Pacific can issue an order that stops the President of the United States from what appears to be clearly his statutory and Constitutional power.”
Last month, a federal judge in Hawaii, Judge Derrick Watson, issued an order that blocked Trump’s ban on travelers from several Muslim-majority countries. The Department of Justice is currently appealing the decision.
In tweets on Thursday, both Senators from Hawaii responded to Sessions’ comments.
Justice Department spokesperson Ian D. Prior clarified Sessions’ remarks in a statement on Thursday.
“Hawaii is, in fact, an island in the Pacific — a beautiful one where the Attorney General’s granddaughter was born,” he said. “The point, however, is that there is a problem when a flawed opinion by a single judge can block the President’s lawful exercise of authority to keep the entire country safe.”
In the interview on Tuesday, Sessions also added that judges shouldn’t “psychoanalyze” Trump when he was asked about potential judges Trump would appoint.
“I think our President, having seen some of these really weird interpretations of the executive orders that he’s put out, I think he’s more understanding now that we need judges who follow the law, not make law,” Sessions said.
“The judges don’t get to psychoanalyze the President to see if the order he issues is lawful. It’s either lawful or it’s not. I think that it will be real important for America to have judges in the model of Judge (Neil) Gorsuch and (the late Supreme Court Justice Antonin) Scalia, people who serve under the law, under the Constitution, not above it, and they are faithful to the law. They honor it and don’t try to remake it as they’d like it to be.”
Tal Kopan contributed reporting to this story.