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The per view of the 9th circuit court of appeals. they would ask for some sort of emergency injunction to try to stop the president from even declaring the state of emergency. the president does have broad powers to declare states of emergency. we're not sure exactly where he's going with this tomorrow night, but certainly he will be making this argument from the stand.of national security, which really could trigger a lot of that executive power that he has. >> dana: john roberts, thank you. the house and senate are not in session today, but lawmakers on both sides are weighing in on the shut...

But it is within the judge's per view, and within his job to do that and to the look at everything. so it is -- then again, the judge may know that there are matters that flynn, you know, he has not cooperated on that he could have, and again, we don't know everything that the judge knows. i think that, you know, that he may be really just trying to get flynn to sort of stay with the program, if you will. >> and ben rhodes, out in california, who has been with s us. as a former national security official, as we have been pointing out, you should not, and we should not underplay the significanc...

The perview of the immediate russia obstruction investigation. they handed it off to the southern district of new york. when the southern district of new york makes these sentencing recommendation, i don't know that they sent them to the office of the special counsel for approval. certainly the special counsel would have briefed on everything the southern district of new york knows and anything relevant would be referred back. there is no question there has to be open lines of communication here. the department of justice, the right-hand needs to know what the lefthand is doing here. >> we hav...

They also -- there were media reports saying the crown prince's brother talked to khashoggi and said you're safe to go to the consulate in istanbul. this was not told to me in a briefing, it was told to me in a newspaper. i don't think that's how we should run the government. i was elected to somehow represent kentucky, i ought to be able to hear this intelligence information and try to make a decision on whether we should be sending arms to the regime. >> it would appear within the title this would be well within your per view. >> what we do know, bruce rydell, the former cia official, an ext...

Southe southern district of new york is beyond the perview of congress. >> he has to know i'm in possession of the tape that proves he knows what cohen was doing and endorsed it. >> yeah. i honestly have no idea what is going on in the southern district. if michael cohen is lying or telling the truth. it looks like michael cohen is a pretty od individual if you look at the way he threatened reporters and seemed like a tough guy when he wasn't. he's not somebody i'm a big fan of and not somebody that has a lot of credibility in the eyes of the american people. >> except he was doing what the pr...