he has some points because it's important to remember that the ninth circuit opinion is not a final ajude kags on the merit. if this case goes back down to district court which a agree that's the proper route if the administration wants to try to win, there will be a hearing on the merits and then ultimately all of this ninth circuit language about due process and everything else might just be if after a full hearing the district court changes it's mind which it could do. then keep in mind these other cases are going on, for example, today in virginia, those courts might return favorable rulings for the trump administration so when the trump administration has its final day in court, it's possible that they could win. >> what's important. >> to really remember about this though is who president trump is and this is a man who doesn't think about what the proper route to take legally is to be and there's the pragmatic decision to make and the personal decision to make. he sees the world as winners and losers. he talks about we're going to win this case. he is now 0 for 2 in terms of this an

it's not clear at all where people say i wasn't shoplifting and i have to get that ajudicated. it's going to get very complicated very quickly. they're going to get the maximum amount of flexibility as they go charging into this campaign promise they're trying to keep. >> one of the other practical issues is it says they're going to rely on local police for enforcement. some enforcement. they're going to rely on global police departments. some local police departments don't want that added responsibility. they have their hands full with their own work so the idea that anybody basically is a criminal now, this overly broad or this broad definition now, it is just hard to see how they are going to enforce it. >> then there's the question of where we put those people they're arresting already under the obama administration. there were a lot of problem with the facilities and the conditions there. how many people were there and now multiply that. this is going to be expensive. they're going to be humanitarian issues. if this happens this will put a strain on local law enforcement a

i think we've seen in the case of massachusetts, once it is fully ajudicated we will prevail because is granted to the president to do what he has to protect the country. so i feel very, very confident about where -- the second track he made very clear as well, until that occurs we'll have a dual track system. that we implement a second executive order tailored to achieve the same goals in accordance what the court said. we're working closely with the department of state, department achieves the president's goal of recollecting the country and does so in a way that recognizes the concerns that the court had until we prevail at a later time. so it's a dual track thing. yeah. >> second question, what -- would this administration send american terrorist suspects picked up overseas to guantanamo bay for interrogation? >> i am not going to discuss that. as the president has said clearly before, we don't telegraph what we're going to do. he believeshat guantanamo bay does serve healthy purpose in o natn security, but i'm not going to get into what we may or may not do in the -- >> [inaudib

it could be not benign but this would be the judgment of ajude dags organization. our goal would be to gather as much information as we can get. >> the form also asks the question, have you in the past seven years provided advice or support to any associated with a foreign business or foreign organization. my question to you is, do you know if general flynn has a clearance? >> i have not checked the record. i believe he does but i could not say that authoritative. the investigation of general flynn would ask yerlgenerally b conducted by the fbi. >> so you don't know if he has a clearance? >> i don't know authoritatively but i believe he does. >> do you know if he ever reported to the appropriate authorities? >> i don't know that. >> do you know if general flynn ever reported how much he was paid for his trip. >> i do not know that. >> you are stating within the government, that would be the fbi that would answer that question? >> his reporting chain if his clearance was still through the department of defense, would have been back through the department of defense

if he amends it guys back to the same court already ajudicating it. >> that is my concern as well.s lawyers in the justice department can probably engaged in whatever they're drafting as white house legal counsel and intelligence people to whom the president reports. but knowing the president, i think he would enjoy confounding his enemies an rescinding the original one will utterly frustrate them and confound them, because all those 48 lawsuits they have filed will be gone by end. day or by the enof the week. stuart: you're putting in a plug for a total rewrite. >> i am, i am. he can't give the ninth circuit everything they want but he can give enough as lawyers say or as trial judges, say, my former life, when you fear the appellate court make it bulletproof. don't give them an option jumping in there anywhere. stuart: i have a fast question on the situation in california. as you know a dam, the tallest dam in america is in danger of collapse. >> right. stuart: governor brown of california says i would like federal help. i want federal money to fix this infrastructure project. ca