this opens up a dictatorship. it may be something the republicans don't oppose, but tomorrow the democratic president could be something they hate. it's a tremendous shift of power from congress to the president. they can't like this. >> the ultimate thing will be either you win in court -- by any case, you will have layers of delay. you will say it isn't an emergency. he appeals it. he has to find land. that's a problem. >> i am confident we will win in court. layer one is emergency. the court might find it's not for the court to answer. the second layer is these pots of money are military pots of money. under the emergency act, they can only be used for military purposes. the military is prohibited by law from enforcing domestic law.