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So that is part of the reason you're getting these sort of two sides of the mouth analysis. it is a law, it is not a law. it is a policy, it is discretion. so watch that because this is going to turn out like the travel ban. where things that are said, that j r just blurted out, oops john kelly said it was a policy and steven miller is saying it is a policy, that could affect the way a judge thinks about this question of are they lying to me? when they say it is not a policy. >> when we look at the legal vulnerability of this policy and i'm trying to think about this big picture. i think the o...

Were crossing lawfully who didn't see children for months and months and undergurding this whole thing and you touched on it in the last segment, is the talk they are not fit moms or everybody bringing their kids across the border is either a gang member or not to be reunited, all of this talk we're hearing about foster care and adoption, that is bubbling up -- >> because we're take the kids and not giving them back. >> we're taking the kids and i think the judge was just afronted by even the implication that these are bad moms and therefore they should lose custody. this is a core constitutio...