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95% of them are resolved in the district, on the trial level, on the district court level. only 5% of those cases are appealed. that means that the vast, vast, vast majority of people have gone through our judicial system and accepted its judgment. of the court of appeals cases, and there are thousands and thousands and thousands of them, we only hear about 60 to 70 cases in recent years. and anywhere it's been as high as 40 to 70% of the cases are decided almost unanimously. there is certainly a percentage of cases that are not. and we have our share of 5-4 decisions. but is it partisan or is...

Now. >> joey, when you read through this, what was your initial thought about the conviction and the sentence for it? because on the outside, we thought somebody make some sense of this for us. >> christi, in looking at it, the crime is very heinous. certainly it deserves punishment. apparently at the trial level, the argument was self-defense. when she went to this man's home, she was a prostitute being put up to it by her pimp. she was scared of what he would do, pulled out a pistol from her pocketbook that she was given by him and she shot him. so now you look to whether or not if she was c...

Congress, they can take your property so you have to go and fight and they have to give you fair market value and you can fight and say they can rely on the constitution but it would be a long, hard-fought battle in most like we in favor of the government because they do have the right. >> eric: if it is up in the court like it will become how long could it take? could that more and partly prevent the wall from being built in the first place? >> absolutely, the first thing they will do is say they need a restraining order right away because if they take my property, it is a foregone conclusion...

Not to review or overturn the facts of a trial court except in the presence of clear error. >> very rare, yeah. >> that's very -- it is a very important important standard. i hadn't thought about it in separation of powers but it is a very important principle. i was a trial level. >> and the constrapt, does that separation of power tones as well. >> i will give you a similar answer. i don't know about that, but i would say it is an important general practice. sometimes there are exceptions that a court can and should go beyond a question presented but it's pretty rare. usually we stick within ...

You are overreaching. you are overreaching. we have seen some decisions come back in unanimous fashion that says mr. president, you're going too far. >> that's interesting. the supreme court has also slapped down congress and presidents. that's how our three branches work. it is generally not the job of congress to determine the constitutionality of the actions of the president. that's the job of the supreme court. this is just -- >> which is why they're going to file a lawsuit to let the supreme court decide this. >> i bet you a hundred bucks they don't get past the trial level because they d...