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The arbiter of whether someone who has violated diversion. that is an executive branch function. i think that's the main thing they're going to work out. frankly it will probably work out whether he's got immunity from fara, which is the federal lobbying statute ruth ben-ghiat. i think once those things get worked out, i think the plea will go forward as has been previously planned. >> so that's what happens. they gave 30 days for them to work it out. is that primarily what happens over the next 30 days? and do they reconvene again? or what happens next? >> well, they have to come to an agreem...

Inter interpreted by a lot of -- >> and tearing up the constitution. >> and his saying we have to tear up the constitution, which i think on january 6th is what he also said. i mean when you're the president you take an oath. best of my ability preserve, protect, and defend the constitution. he failed on january 6th. he's now saying it again. so all of this is just a story for republicans to consider about whether you want to drag these heavy bags through another campaign only to have the major people tell us for a third time we don't want it. >> i think it's important that congress is doing i...

This way. >> but do you personally believe that al qaeda, isis-type groups are still at war with us. >> i think -- yes. i think -- >> we're still in a state of war with certain elements of radical islam to this very day? >> i believe that's documented, yes. >> okay. now, what's the process to determine whether one is an enemy combatant under our law? >> well, i believe that the executive branch makes an assessment of whether or not someone has taken up arms against the united states somewhere in the world related to all of this. >> okay. so is an executive branch function to determine whether ...

Of force against people in this way. >> but do you personally believe that al qaeda, isis-type groups are still at war with us? >> i think yes. i think we -- >> we're still in a state of war with certain elements of radical islam to this very day. >> i believe that's documented, yes. >> okay. now, what's the process to determine whether one is an enemy combatant under our law? >> well, i believe that the executive branch makes an assessment of whether or not someone is taking up arms against the united states somewhere in the world related to all of this. >> okay. so it's an executive branch f...

0 misleading the public but taking the court out of context. she repeated testimony from someone else and he says it is her quote. hawley praised her experience and said he looks forward to questioning her today. also important to note many questions about her time as a public defender and for her to get on the bench this time where she was now at the court of appeals three republicans, murcowski, collins and graham all voted in favor. we'll see what they do this time. >> trace: david spunt live at the justice department. >> dana: two fox news contributors. andy mccarthy and constitutional law...