tweet, just here in the last hour, you know, making the point that if there is a terrorist attack that happens in this country, these judges will be responsible and that is just grossly inappropriate for the president to do. >> you mentioned the tweet a few hours ago, here is one that was posted last night from the president, if the u.s. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled. politics!" what would be the goal here? i'm not asking to you try to go inside the mind of president trump, but again, as we just heard from pete, the judges have made up their minds. we're just waiting to find out what they've decided. is the goal to try and influence future judges, future courts? >> i doubt it's that strategic. i doubt he's making a legal strategic move. i think he is trying to push fear among the public and he's trying to create a scapegoat for down the road. when you look at the facts of this case, the government hasn't put forward one affidavit from a