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Do you think of using an emergency to get what you want? >> let's just speak at a practical matter. if the president sneezes, somebody is going to file suit in the ninth circuit court to say that it's unconstitutional. so if the president declares that he wants to use in a declaration process, money for the southern border, it's going to be tied up in court. whatever we say about future implications, it will not be effective because of the inevitable lawsuit. again, that's why i think we need another mechanism and that's why i think we don't need to declare emergency, we can use this asset for...

Of the president, then candidate trump, who talking about mexico paying for the wall and obviously, he's talking about changing our trade agreements and boosting the economy. neil: i don't think that was obvious. >> it wasn't obvious to me. neil: he never said i'm going to extract this from the trade deal >> but we all knew that was the platform and they were robbing us, remember all of the rhetoric neil: pay for it means pay for it whether it means i write you a check i say i'm going to give you money i'll give you a debit card. be that as it may, scott i just wonder, the only reason i raise ...

Neil: all right. senator cassidy was a little earlier in the last hour here outlining a plan that might be acceptable to both sides, even though democrats do not appear to be very keen on it, that use the funds taken from the drug runners along the border here, billions of dollars, which are gathered each and every year and use that to pay for the wall. i'd want to get reaction to all that with democratic california congressman john ga garamundy. >> that would probably work, but there's an issue some of that would be supplementing for law enforcement, we'd have to backfill, it's an interesting...

And avoiding in raising those examples is that they're all over the map. >> yes, absolutely and in the past a lot of democrats have supported some sort of physical barrier on the southern border and now they don't. now they're saying it's immoral and i think that a lot of it does have to do with the fact that they want to oppose what president trump wants. this shutdown is going on so long because i don't feel like anyones really trying. i think that people are trying to kind of boost their brands by saying oh, i'm so tough against trump or on the republican side same thing. oh, i'm so tough a...

The president can look like he's fighting. but even if he wins, our borders are going to be insecure. and part of it is because of what we're spending the money on. >> outgoing republican senator bob corker voicing his concern that a border wall will not alone increase border security. joining me now democratic representative of california, a senior member of the armed services committee. always good to see you, sir, especially on a holiday weekend. thanks for joining me. >> my pleasure. >> do you agree with senator corker? if the wall does not secure the border, if it's not capable of doing t...