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with as a matter of policy. but in every case, the job of the justice department is to make the best judgment it can as to what the law requires. >> that strikes me as a crystal clear explanation, barb, but what's your take on what you just heard? >> i think that goes to his entire theme of his administration so far about this idea of adherence to the rule of law being nonpartisan, being independent. for example, i think some people were surprised when doj took the position of fighting back against the state of california which has banned the federal government with contracting with private prisons. it doesn't mean that doj or merrick garland favor private prisons. i bet if you asked them individually how they feel about it, they would say it's a terrible policy. but it's a right for the federal government to enter into contracts. so these kinds of process rules

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