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President. our correspondents and analysts are standing by. first, let's go to laura jared. did the judiciary committee chairman back down? >> reporter: i want to read to you the statement that was issued a few minutes ago. if you appear before the committee tomorrow morning, and you are prepare totd respond to questions from our members, then i assure you there will be no need for the committee to issue a subpoena on or before february 8. to the extent you believe you are unable to respond to any question, we are prepared to handle your concerns on a case by case basis, during and after tomor...

Being a little nicer about it. i think as you have pointed out, the letter does not say explicitly, under no circumstances will we serve a subpoena on the witness tomorrow. the ball is now in the court of the justice department. >> the letter says specifically to the extent that you believe you are unable to fully respond to any questions during the hearing tomorrow, we are prepared to handle your concerns on a case by case basis, both during and after tomorrow's hearing. he is not ruling out -- >> i don't know exactly what that means. >> i don't know what that means either. it could mean they...

Something. >> no. they issued a memo saying we need to work with mexico to vet these people, keep them in mexico, go through the asylum process there and take it on a case by case basis and so who qualifies. there's no evidence or no proof that these guys will show up to the port of entry and bum rush it and becoming illegal immigrants. they're coming to seek asylum. some of them really do have a very plausible case. unfortunately they get washed up with the ones because they want a better job. the truth is, there's a handful, a few hundred of them that have a good case that are living in bad ...

Don't give him the 5 billion for the border wall. we've heard him make that thr t threat. >> as that migrant caravan come closer, with us now, the attorney to join us. what are the rules on claiming asylum. >> the rules on claiming asylum is a case by case basis or exceptions of the law. the law does weigh on someone coming in an undesignated area as a factor. this is tricky for trump because he did propose new rules through the department of homeland security. now we're giving you the authority to deny asylum if you come through an undesignated

>> so kirstjen nielsen is lying. >> no. they issued a memo saying we need to work with mexico to vet these people, keep them in mexico, go through the asylum process there and take it on a case by case basis and see who qualifies. there's no evidence or no proof that these guys will show up to the port of entry and rush it and becoming illegal immigrants. they're coming to seek asylum. some of them really do have a very plausible case. unfortunately they get washed up with the ones because they want a better job. the truth is, there's a handful, a few hundred of them that have a good case that...