is that an argument that's going to win in court? >> uh, well, coupled with statistic statistics, i mean, look, i talk to lawyers about two burdens of proof. one is the actual legal burden of proof and the other is the burden of persuasion. persuading a human judge that you are right. and there are a lot of statistics about the change in various borders areas from when a border was not present to after building one. and they can point to areas of the border where there are very serious problems, where the border patrol has said there are serious problems. whether that carries enough to get by the emergency tag, i think it will. i don't actually think that's where this case is going to be decided, as i said a moment ago. and i do think, though, that the kind of rhetoric you heard from stephen miller, who is the president's point person within the white house on immigration issues, is not what you will hear in courtrooms. but when i sued on obamacare, you'll recall the president