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Erickson, even on fox news some of the legal analysts coming out and saying, yeah, this is pretty open and shut. and how could they not have -- how could they have missed this? >> well, i think what's open and shut is that there's no question that matt whitaker must be recused from the investigation. from overseeing the bob mueller's investigation. actually, lawyers and steve laddick has a very good editorial piece about this. i disagree with the analysis that it's unconstitutional. and the reason for that is, first of all, there's an 1898 supreme court opinion directly on point that says actu...

Tell b tell us about that. >> think about lincoln, not well known and engages douglas in debates. or think about teddy roosevelt. he runs in a midterm, 1898 as governor, becomes theodore roosevelt, a president. and fdr in the 1930s in the midterms wins a landslide governor's race and becomes fdr, one of the historic presidents. so there's someone out there who may emerge and that may be regarded as the most important part of the midterms and we don't know it yet. >> you may have heard president trump telling sinclair broadcasting group about one of his regrets so if a in his

So the constitution said this subject to the jurisdiction of. the court, the supreme court has upheld that reading except for 1898 case in which they said permanent residents if they're born here get citizenship, but the supreme court has never clarified what about temporary visitors here on a tourist visa or those who are not here legally. the supreme court has not clarified that. neil: all right, let me be clear. the way it was interpreted at the time when they first came up with this you believe in 1866 after the civil war, people-- permanent rizs were automatically citizens something not a...

If the parents are american the children are italian. when john mccain is born in the an a ma canal zone, he's still an american. because of his parents. that's what is consistent with the principles of the american founding. that's prit why clearly what was intended by the writers of the 14th amendment. even the courts, supreme supreme court, who upheld this understanding several occasions, when they ruled in 1898, they were only dealing with the question of permanent residents. they were not dealing with people here on a weekend, as a temporary visitor. and not at all dealing with people tha...

Court ruling? >> it will take a double frontal attack. congress has got to act on it, close this loophole. and citizen birthrights. there has to be a legal challenge of the supreme court got to redefine. in 1898 there was a case that defined the citizenship birthright for foreign-born parents. that loophole has got to be close and that issue addressed. rob: the subject to the jurisdiction thereof in the 14th amendment, it could go to the supreme court and we will see how they judge on the more conservative bench. thank you for your time. jillian: a pandemic is possible. a startling morning fro...