@coldjoint,
Read the rest of the article. There is no evidence of the lawyers saying that in court.
The link you posted is to a blogged article. It isn't a news service. It references the Washington Examiner when it did an article on Ted Cruz' speech. Read past that and the evidence they present is nothing. They link to another story they wrote that supposedly shows Obama trying to undermine the Constitution. That story uses WND as their source.