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Separate. they're seeking a temporary restraining order. our argument is we already have one, the judge already has one in place, our argument, we now have been joined by oregon and new york and massachusetts announced today they would join our litigation as well. they really feel the coalition is joining them. >> bob, you have -- the administration has made clear that the reason these six countries were chosen, was that they have either supported terrorism or have no functioning government so we can't know who is coming here. why aren't those legitimate reasons to bar their refugees? >> well,...

Under normal circumstances it would be a six column headline in my paper. and a serious person would have brought together the congressional leaders, briefed them on it, brought together the intelligence community and brought forth evidence. the fact he just lobbed it on twitter is shocking. the big picture, chuck, is russia is not our friend. slat mere putin is not our friend. he has some very specific goals. he wants to fracture nae toe and the european union. and he wants to destroy the ability of the united states to lead a western alliance. right now in moscow they must be clinking vodka ...

And are unsubstantiated. you can say there's life on mars but i can't prove it. >> for which he needs to put forth evidence. i completely agree with you there. he needs to put forth evidence of this. but we cannot call it a lie until we know in fact that he doesn't have the evidence. if we know he intentionally deceived us, great, you can call it that. no one knows that. we haven't seen the evidence and we should give him time to produce it. >> the more that donald trump talks about voter fraud, the more democrats and others think that he was fraudulently elected. he actually won, so the idea ...

Judge for the judge, fortunately the rules done allow it because of the death penalty. >> here's the weird part, it can save us money, time, pain for all those people who are affected be i this crime having to live lou a trial, interestingly, senator, he wants to represent himself, there was a hearing about this today. i can just see a huge can of worms about this guy representing himself, could he not effectively stand up and do what he wants and say as my attorney i'm guilty? >> sure. once he has that, he sure can say it, one of the really scary things, we are concerned about the victim impa...

Them to put forth evidence. the standard of proof in holding him is really a serious suspicion which differs from a probable cause standard that we have. and unless and until they can really pony up some evidence attaching him to the crime or this missing person then there are no grounds to hold him. prosecutors are appealing and they hope the decision will be made in their favor prior to tuesday. once tuesday comes he could be on a plane back and he's a flight risk. they are hoping to get it done and over with. but unless there's something for them to hang their hat on, he is probably going t...