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Simply, what number called what number. that that was collectible without a warrant 34 years ago. and this judge yesterday said in 34 years, enough has changed that we have to reconsider that. but i was struck, chris, by one passage of the judge's opinion which i hope other judges don't do. and that is he cited one of the founding fathers. now, he said that he -- >> madison. >> he thought james madison would bebeing a gasol at aghastt this, but james madison was a slave holder who 226 years ago at age 36 wrote the constitution and it is this judge who's saying, we can't rely on what the suprem...

Privacy and he maintains that the ruling 34 years ago by the supreme court was done in such a different technological era that it had a different expectation of privacy. and in that ruling the supreme court said that it was perfectly okay to collect phone record data that does not include the actual contents of the call simply, what number called what number. that was collectible without a warrant 34 years ago. and this judge yesterday said in 34 years, enough has changed that we have to reconsider that. but i was struck, chris, by one passage of the judge's opinion which i hope other judges d...

Going to be in biographers' heads and will affect the way -- but it doesn't affect what they did or do as presidents p. >> why? >> because the cuban missile crisis stands as it is. that still becomes an act that has to be judged. it doesn't mean -- biographers are going to shadow it but -- >> the people on -- the people on that mountain now, should thomas jefferson be there? slave holder? had a longtime sexual relationship with a woman he owned. >> george washington. >> should george washington, a slave owner? should abraham lincoln, who said if i could stave union and preserve slavery i would...

As it is, that still becomes an act that has to be judged. it doesn't mean -- biographers will shadow it, but it's -- >> the people on -- the people on that mountain now, should thomas jefferson be there, slave holder? had a long-time sexual relationship with a woman he owned. >> george washington. >> should george washington, a slave owner. should abraham lincoln who said if i can save the union and preserve slavery, i would do it but i can't so i'll free the slaves. none of these -- none of these people is perfect. at all. and in fact, the point of having these conversations, i think, is to ...

Immigrant kid, we understand the heart of civil war. we understand that maybe there's one time in history that had to be resolved somehow, the south wanted to keep its independence. the south said, if this guy gets to be president, they'll change the constitution and we'll have no slavery and they fought the war for four years. they wanted to fight for their independence. the south wanted its independence, you can't just say it was a bad pr move by lincoln. >> at a minimum, it just showed astonishing lack of sensitivity or, possibly, knowledge, as well. it also, i think, har kins to his respec...