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States who without authority of the united states carries on any correspondence with any foreign government with intent to influence any foreign government in relation to any disputes or controversies with the united states shall be fined or imprisoned or both." that's pretty strong language. and it seems very clear. what in this doctrine or this statute stands out to you in this case? >> what stands out is that it was enacted in 1799. that's when president adams was leading us when this law was enacted. just to give you an idea, that's significant because we have a doctrine which is basically...

Governments. what do you make of that? do you think anyone broke the law here? >> i don't make much of it. if they did, then many people over a long period of time have done the same. no i don't believe it rises to that at all. like i said i didn't think it was appropriate for me to do it but i'm not going to criticize those who did. >> the last time somebody was indicted by the way in connection with the logan act was 1803. that person was not convicted. in fact no one has ever been convicted apparently we've done research of violating the logan act. but it's possible there could be a first t...

To hear cases before there's a trial. in 1803 the supreme court said to enlarge it's jurisdiction would be unconstitutional so this typically begins at the trial level. that's how the nixon tapes case began. there's nothing atypical about that. this is the kind of case when the president is involved where regularly the supreme court will commit a leap frog over the court of appeals and go directly from a district court decision to the supreme court. that's what happened in the nixon tapes case. >> i was just going to say how long do you think realistically that this process will take? >> for y...

Down in texas. how many acres did they stand to lose if the federal government goes and head and says, by the way, we own that land, get off. >> several hundred acres. and this is a situation where this young man is a cotton farmer. this is irrigated cotton land, some of the most valuable real estate in the state of texas when it comes to agricultural property. $4,000 an acre. losing several hundred acres of that could -- i don't know his situation personally, but someone like that could stand to go out of business if you lose a substantial amount of your crop basis like that. >> absolutely. a...

Upstate new york, u.s. citizens involved in aiding and abetting. and a training camp. a number of citizens who established links with foreign terror, with al-qaeda and foreign terrorist elements and have been subsequently arrested. can you imagine what would happen during the bush years if we'd taken and unleashed a drone on the lakawana nine and blown them up? who would be leading the fight against the bush administration would have been barack obama and eric holder. yes, we get the wishy-washy answers and look, the letter to rand paul is-- i can't believe it. as a policy matter, moreover we ...