courts do defer to national security. the argument, don't think about donald trump, think about presidential power writ large. >> steve? >> one of the questions here legally would be if he had never said this on the campaign trail, would this be a big court issue right now? and if -- i know this would be out of character for him, but if he were to come out and disavow it the way we just heard in those tapes and say, okay, let me make absolutely clear, i don't want to been all muslims from come into this country, that's un-american, but i do want to do this, does the legal issue disappear? >> yeah, i think that logic would certainly favor the president and if you pick other examples, if you said i want to ban certain countries, if someone came out on september 12th and said i'm banning saudi arabia and a couple other countries, that is to say, something similar to the content of this order, wovuldn't that b legal? the problem is not how he did it -- >> this is one of the countless issues where the administration has been its own worse enemy here. >> right. >> the defense is using -- i'm