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>> the simple fact is this plg is private property. and the owners have a right to use the building as a house of worship. and the government has no right whatsoever to deny that right. and if it were tried, the courts would almost certainly strike it down as a violation of the u.s. constitution. jon: joining us now, jay suculo, chief counsel for the center for american law and justice, the center that is representing tim brown. how would you answer the mayor's comment? >> the mayor is confusing a religious liberty claim with the reality that this is a political statement. first of all the lan...

No one is saying you can't pray in the area of ground zero, but not there, not in the building that has landmark significance and the idea that the landmark commission determined before they even had their hearing, they came out and approved the mosque use and endorsed it months ago, that's ri lick dous. there weren't hearings yet. that's the? piece of this litigation. jon: that landmarks commission voted 9-zero in favor of this. every member, appointed by mayor bloomberg, who supports the mosque. jay, thank you very much. and we should also point out that we invited those who are trying to bu...