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Going to determine his fate in the legal context. and so i think democrats are not just fighting about all the different rights. workers' rights, gay rights, women's rights, they also need focus on the fact this is replacing the swing vote and the president is under investigation and this person is going to determine his fate. >> well, in terms of the emerging democratic opposition or the strategy at least, in an op-ed in today's "new york times" chuck schumer, the minority leader in the senate, made the democratic case against a potential trump nominee. "if you do not want a supreme court jus...

Abolish baby jails. there's much stronger messages the democrats could go on, which has widespread approval as you pointed out from all of this polling. they're on the right side of that issue in this case. they go down the rabbit hole of abolishing i.c.e. i don't see where that goes. >> emily, it is interesting. this is an issue that was getting basically zero traction among major sort of mainstream figures in the democratic party. and then suddenly in the last week you've had potential presidential candidates endorsing this move. is this something where by the end of the summer we're going t...

How much of this is potential for a surprise here? >> there's still potential for surprise. the process is fluid. talking to white house officials and senior republicans all day, it's evidence that at this point, end of day monday, that judge kavanaugh and judge kony barrett are widely seen in the president's circle as probably the top two candidates. but judge keflidge and judge steppar and several others are still in the mix. the president wants to meet them, see if they have a rapport and also see the public's response to these reported meetings. >> you mentioned brett kavanaugh, amy kony b...

I.c.e. is relatively young. before 9/11 we didn't have it around. it is possible to enforce the border security without it. but i think the democrats have not done a great job of explaining what they mean. >> the flip side of it i guess, beth, would be you could make the argument democrats are walking into a political trap on this if they were to sort of accelerate their rhetoric and accelerate the move to that position, maybe that would be the case we would see. but the flip side would be was the coverage, were the emotions around, were the pictures around this issue of family separation so u...

Political reporter for "news day." the president has been all over the map. he was saying republicans shouldn't do thinking anything, then he was saying they shouldn't pass this bill then he said he wasn't advocating for any bill. heading into the mid-terms a republican party that had the white house and the congress for the last two years that has not passed anything on immigration, is there a political price for that in the midterm? >> i see two things going on here. specifically with trump. number one, the policy of separating kids from their parents was a complete debacle. it failed. he kn...