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Decisions, not the courts, not outsiders. >> right. i think you're eluding to a point thatnina was making earlier in other case law in controversial situations we know the court or a block of the court doesn't like to second guess potential national security in realtime. >> lower courts have made this decision before also. i mean if you look back, a federal judge said that a federal court should not even hear a case related to determining whether or not the chief executive can make or decide who comes into our country and who doesn't come into our country we can argue the points about rhetoric...

Involves government agencies. >> we think the court will seriously consider our petition because there's a really important legal issue which is the interpretation of the foreign intelligence surveillance act. >> neil: but by interpreting the act doesn't mean -- you're saying just get rid of the nsa period or police it better? >> we're saying that the -- the fbi and the nsa have to follow the law. specifically the provision that limits the records that can be obtain from businesses to those that are relevant to an authorized investigation. >> neil: so grabbing 115 plus million americans phone ...