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No. and i have to correct myself, senator durbin,' not smith versus maryland. that's third party doctrine, it's employment division versus smith we're talking about. i apologize to you for that. >> well, i'm glad to hear you answered my question the way you did. i expected that you would but that seems to be implied in some of the questioning that you're getting. you look through the litigants are, and who you would like to win, the little guy as we've heard and i'll get to that again in a minute, and then go back and try to justify the outcome, but i agree with you, that's not what good judge...

>> in maryland versus smith, it was talking about one person and a few records of someone who was accuses of committing a crime. it was never and has never been adjudicated. all of the americans, all of the records all of the time. >> you can see they don't listen to content. >> this is an enormous program. this is collecting all americans records all of the time. >> only 20%, according to the wall street journal. >> because they're not very good at it. if they could get all of them they would. they're not very good at getting them republicans, my opponents have been complaining because they'r...