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Familiar with rudy giuliani siting to dana. what do you make what he is arguing here? >> well, i think he is suggesting that well, first of all, he is drawing out in his argument that the department of justice is going to follow the existing policy. that policy is indeed historical. it happened first in 1973 when spiro a spiro agnew was subject to a criminal charge for bribery as vice president. and the department of justice then issued a first opinion, olc saying no mr. agnew, you are wrong. we can indict you, we can indict the president. so giuliani is put it ting it o there that it is not i...

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But this is the bottom line and of our problem. remember, by definition of the statute, it is a voluntary request. asking the police or whoever is involved to hold this person. in massachusetts, because it is the sanctuary jurisdiction, they did not do that. but even if they were not, that is a problem because if i.c.e. really wants to take someone off the streets and they have reason to do so, they need to get to a warrant, which requires a finding of probable cause. >> mark: but in this case, in other words, you need probable cause for someone, a warrant for someone who is not even in the co...

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