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Sent out over his federal e-mail. >> yeah, reverend al, he does not belong on the bench. i mean, what is the job of a judge? to exercise judgment, right? where is the judgment in using your own e-mail to send out a racist joke saying i don't usually do this, but this one really struck me. you know why? because he's a racist and it's a racist e-mail. here's also what i want to know. where are the voices to condemn him? where's john boehner, mitt romney, rick santorum, mitch mcconnell. they let this stuff slide. >> let me pick up on that. here's how the judge answered the criticism when it came ...

Could i give you a little rant on the subject of zero tolerance? >> yes. >> any policy, anywhere on any subject at any time that is based on zero tolerance of x is going to fail. because the whole point of zero tolerance is to make it unnecessary, indeed, impossible to think, to exercise judgment. all over the country it's now summer, and 12-year-old kids are setting up lemonade stands all over the country to sell 25 cent shots of lemonade and police are showing up or other government enforcers to say you didn't pay for your business license and shut it down. >> but they are not doing that you...