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Threatens the country's security. it's not for a political whim of the president and no president has ever used it in the way this president has. so that's the reason it will be challenged because this is just going beyond anything that anybody ever thought about doing. >> now where do you get the confidence? i get the precedent rule. i'm old enough to remember when mitch mcconnell said to harry reid, you better not blow up this filibuster rule for these nominations. it's going to come back to haunt you and of course it did. but even though a will the of republicans remember that, remember the...

Next. if he declares a national emergency you have this joint resolution path. and certainly he has a better chance legally there. the 76 act is very open. i don't think it's ever been challenged. if he goes straight executive order, it's a little bit more dicey. do you have the option of a joint resolution no matter which path? >> i think it's only the national emergency. but the national emergency there's never been a president that's gone so far. just unquestionably not a national emergency. this has been there's nothing urgent. national emergency is supposed to be for a disaster or militar...