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There are two parts of this, right? jack smith spoke briefly, but he did talk about not just his desire for a speedy trial but the defendant's right to a speedy trial. on the other hand, what glenn is reporting on and has reported on, is trump fairly successfully using legal delays to his benefit. tell me where the rubber meet. s the road there. >> well, the scheduling order that the -- that became public this morning that the judge had signed is a pretty standard scheduling order, because by vir chow of the speedy trial act, which is part of our u.s. code, separate from the speedy trial that'...

The 18 u.s. code as relates to entering the country that you've got to do so legally. by characterizing the state as sanctuary, are you thereby violating federal law, the laws that are on the books and that our own constitution states very unequivocally that in fact you should be follow something. >> the sanctuary policies have been on the books for decades. republican-led cities in the past, democratic state, more modern conception around dealing with reality. the cards that are dealt. you want people that are victims of crime to come forward and report those crimes. that's the purpose of san...

Into this. what can you expect about how that may proceed? >> the fbi has been investigating these types of cases for decades. it's under title 18 of the u.s. code. it is acting under color of law, as trey gowdy just explained, which means acting under your official duties during the course of your official duties, exercising the powers that have been conferred upon you, but exercising them in an unconstitutional manner. you are depriving someone of a constitutional right, under the color of your official position. in this case, their life. so it's a parallel investigation that the fbi will ru...

It is now roughly 2 1/2 million illegal immigrants in this past year. the numbers rising. title 42 was a deterrent. we don't have one. what's the plan? >> there is no plan. let's just say a merry christmas to the dhs front line and their families. title 42 assisted in ending the last surge. based on public health law in u.s. code, allows the government to return people back to mexico because of the conditions of the pandemic. it would always sunset. it was always going to end. what we're seeing here is all the tools that cbp and dhs have have been ripped down. they broke the border and seeing ...

Have their hearing or let them wait in mexico for those hearings. that stopped the last surge and would end this if they implemented it fully. they refuse to do that because they prefer this chaos. >> i'm not so sure that is accurate. i don't think that is true what you have suggested. nobody prefers this chaos. there are elements that the trump administration enacted that is since been confirmed illegal by courts and have had to be -- >> protocols for not -- the migrant protection protocols were not illegal. that's in u.s. code. they could end this surge by fully implementing it again. they r...