people actually defending our border. >> i don't think judges are going to get into the decision making process of the executive branch as to when military is necessary. i don't think that's the job -- >> they would say they are political decisions. that's where the words of the president will be an interesting play. we know chief roberts said look at the power of the presidency. because emergency is not defined, it's not, so you would rely on the decision maker. the president told you today, it didn't have to be done now and it didn't have to be done this way. >> it needed to be done faster. that helps his case. that's how he is making the case that this is emergent. that's the case that he has to make under the statute. >> emergent means dangerous and has to be dealt with right away. congress passed a law that you sign the same day that you declare the emergency. where is the inaction that implies imminence that you must act on in an extra constitutional way? >> in 2006, congress