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And the superpowerful and the 1%. they are campaigning on that. >> socialists have already done this, created envy and resentment. socialists still sounds like an exaggeration to me, that is where this is going. "the new york times" fans the flames on this. >> neil: unless republicans have an adequate response to that, they will look the way it had looked, billionaires being present at the way they are presented, but they don't have an alternative argument to say that jobs are generated, here's what we give to charity. here's what it means to you that you will pay more. they don't seem to have...

Exactly what this guy does. >> jonathan, to be fair, the supreme court did say the administration could try again by coming up with a more persuasive argument. obviously their argument that this was going to make everything fair was completely contradicted by the evidence, but that's different than an executive order, which is not about doing the legwork, not about coming up with an alternative argument. what do you make of where this is going? >> this is a very unusual area of the law, chris. i'm not a lawyer, but i certainly talk to them pretty frequently. if you look at the constitution, en...

Preliminary look at exit polls. i don't know how much you put faith in them. what do you think? >> exit polls have notoriously shifted over the course of the evening. having said that, i was surprised how low the president's approval rating was at voters at 45%. the right track/wrong track, alternative argument to trump's conduct in office, the tone, was that america is doing well, the economy is booming zblun employment. >> all those things yet right track/wrong track, people say no, the country isn't in good shape. >> notion that the president, it shades the way people see even economic numb...

Defend himself, first amendment right to express his opinion. as a president it's more important to express his opinion. these kind of allegations can do damage to the country, not just the particular president. if he believes he's innocent and he is innocent, he should speak out. >> you said the other day conclusion is not a crime. some people said you're moving the goalpost. >> no, no, no. i said that from the very beginning. you know, jeff, it's like an alternative argument, which is a little too subtle, i guess. he did not collude. there is no evidence he colluded. in the alternative, conc...

To the appellate court, if you're going to uphold the seattle district court, then at least try to limit it to the group of people who have been previously admitted to the u.s. like somebody traveling on a student visa. this is the group that the government says is at the heart of the state's complaint. they've now come up with this alternative argument to try to see if they can lessen the blow. >> to back up the political part of the argument, errol lewis, the president went before a centcom, central command audience, and accused the media of underreporting 74, 78 attacks that happened in the...