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Detain murderers, criminals, drug dealers. >> reporter: acting chief of staff mick mulvaney warns a shutdown could happen again. >> you cannot take a shutdown off the table. you cannot take $5.7 billion off the table. if you end up someplace in the middle, yeah, what you probably see is the president say, yeah, okay, then i'll go find the money someplace else. >> reporter: now there's a new wri wrinkle, not only is the president demanding more money for his wall to avert a shutdown, democrats want something, too, a cap on the number of detention beds used by i.c.e. to keep undocumented immigra...

Where a sandwich board and march around your neighborhood sayings, i'm a crook. could the judge say, i won't put you in the slammer but you get yourself out of congress? >> arguably, i think a judge could. but i don't think any judge would. there is a constitutional right for this man to serve in congress. he has been voted in, as you said, by a large margin. so i don't think any judge worth their mettle is to go take that right away from the voters simply as part of the punishment. the better way to do it would be to put him in jail. if he's in jail, he can't serve. >> but he can. this is the...