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Judge: in my column this morning @foxnews.com and elsewhere i did my best to explain the history of this and why it's against the constitution. at the end i said i'm scratching my head. i don't understand why donald trump is in favor of this. his whoa woes began with foreign surveillance and unconstitutional domestic surveillance of him before he was the president of the united states. now he wants to institutionalize it. mr. president, this is not the way to go. spying is valid to find the foreign agents among us. but it's got to be based on suspicion and not an area code. steve: judge, it's ...

Going to take it anymore. we are tired of other countries telling us how to respond and bullying us. this president is saying you know what? we will try everything we can for diplomacy. this could be the result. military force. brian: it's not iraq. steve: most importantly we have china on our side seemingly this time. let's see what happens. brian: only thing different i would like to add, steve, if i could. it's not iraq. million man army with million man reserves. they have nuclear sites in which we can't identify all of them. nobody thinks we can hit them all right away a preemptive strike...

Make sure i'm hearing you right. not a ruling likely on the constitutionality before the appeal is heard down the road. >> well, i would imagine that the 9th circuit court of appeals will rule on the injunction, which means they have to look at the constitutionality. then it may go to the u.s. supreme court. the judge at the district court level would have a trial on the constitutionality. why not let it wind its way up through the courts first. >> well, beth, that winding up through the courts. we're hearing so many people talk about eventually the supreme court is going to have to take this ...