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Citizenship issue and exact match and one from the 11th circuit court of appeals that refused to lift the stay on withholding some of these registrations and requiring that people be allowed to vote provisionally. that's what tells us, joy, that this election is going to be down to the minute and then even thereafter. there are going to be a lot of provisional votes in this election, and as you know provisional votes are not counted on the night of the election. it requires individuals to come back to the polling place, or to some other official and prove that their vote should be counted. and...

End birthright citizenship in the u.s., something he claims he can do with an executive order. >> it was always told to me you needed a constitutional amendment. >> right. >> you don't. >> reporter: but he's wrong. the 14th amendment to the constitution guarantees citizenship to people born in the u.s.. presidential scholars and members of congress from both parties agree mr. trump would have to amend the constitution. >> well, you obviously cannot do that. you cannot end birthright citizenship with an executive order. >> reporter: the citizenship issue is straight out of the president's midte...

Executive order. >> reporter: the citizenship issue is straight out of the president's midterm playbook to energize his base with racially loaded rhetoric like his claim the convoy of migrants is an invasion, requiring a military response, when it doesn't. >> i don't know how much political calculus he has put into this. my point is, i don't like it. i don't think it's effective. it's not good for our country. >> reporter: the president is also using questionable language in describing florida's democratic candidate for governor, andrew gillum. >> look, here's a guy that in my opinion is a sto...

Negotiating on other subjects. >> how will that play? >> reminded me of to be or not to be. i think democrats are trying to avoid the perception they will overuse that subpoena power and that goes too far in investigating trump. talking about democrats going crazy in investigating him. democrats say there are a lot of scandals to investigate. every day a new thing in the news. a new cabinet member under investigation. we saw wilbur ross yesterday say bei -- saying he doesn't have to be deposed about the citizenship issue. i think the american people deserve answers on what is going on in their...

A way is not so, so confident that they are going to get a vote to pass this. you asked how confident and he talked about hope and he talked about this our last best chance to do this. we've heard those things from congress before. the reality is, they would not have punted the measure to next week if hay had the votes. i find it hard to believe they will get the votes. he pointed out the citizenship issue and 1.8 potential daca recipients that could get citizenship. those are things that conservatives will have a hard time with. >> dew disagree the way he characterized what was in there? >> i...