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Deterrent, right now you get caught, they take you down to the border come have a nice day, don't come back. the next day, people come back because there is no penalty. this would be an automatic five year mandatory minimum in federal hard lock up. that is a serious deterrent. >> jon: but those who do not like this law suggest you don't have enough prison space for that many people. >> the is one of the arguments. according to the u.s. sentencing commission, it would add 57,000 people do federal prisons at a cost of $2 billion per year, annual budget is 7-$8 billion, so there is the cause. the...

>> the difference of sentencing if you had 12 pounds of crack cocaine or powder cocaine, the sentences are different: skbl you have a number of republican leaders. they've all taken the same stand. it just turns out it doesn't work. if you want to get people off of drugs, which i think everybody does, sticking somebody in jail for 25 years, 30 years, you can get 25 years for shooting a cop. you can also get 30 years for a nonvie lent drug possession charge. so i'm proud of this president. i am glad that he is saying, listen, there's better ways for us to use our prison space. we want people of...

Necessarily what this is intended to be. can i also just mention, there might be a lot of people with open mouthing gaping saying the republicans will be -- this will be red meat for them. not really because there are a lot of states that have been doing things just like this, red and blue, and there's support, bipartisan support, for this kind of thing. we have a problem. we have way too many prisoners and not enough prison space and it's a lot of money. >> it's bigger than that. the war on drugs in america just isn't working. it's clear it's not working. statistics support that. so you would...

Guards. mike carpenter was one of the prison guards interviewed. let's look at this clip. >> we made drugs into this huge thing, and we've made it so illegal and we've made it such a marshall issue with that tough on crime stance, you can't electriced if you don't do things to be tough on crime. >> toughen sentences, beef up law enforcement, and build new prison space for 24,000 inmates. >> you know, nobody can apoured to be the first guy to say, wait a minute, we can't afford what we're doing. let's do something different because if you even made a noise like you were going to be soft on crim...

Now doug, likely, he will have a few weeks, he will not be taken into custody immediately, correct? >> there are two issues there. one is, in this type of case, they almost never make the person surrender right away, he can get 30 days, 60 days. but there's a second issue, whether he would conceivably remain free pending an appeal that he takes. if i had to guess, he'll probably be given a sur ander date, something like 30, 40 days. martha: it's fascinating. i'm looking at where he will probably go. they said it's likely to be a prison outside of illinois, it could be in tarahaut, indiana wher...