judge polley here in new york says it has prevented terrorist attacks. it has been helpful.don't know. >> we as americans, we haven't seen another attack, jeffrey, you know? it's kind of how we look at it, like, okay, we haven't been attacked on our soil since 9/11. >> there have been terrorist acts, the attempted christmas bombing in detroit. >> but thwarted. >> the shooting at the army base. i mean, there have been attempted terrorist attacks. certainly nothing on the scale of 9/11, fortunately, but al qaeda is not gone. and judge polley in new york is making the point that it's not gone and it's still a threat, and that's why we need this program. >> so what do you -- well, paul, i'm curious. i want to know if you guys think it will go all the way to the supreme court? paul? >> yes, i think these things will and we should understand this decision was issued really right at the beginning of the case. there hasn't been any discovery or extentative depositions. this judge said there's no case here, and i'm dismissing, throwing the whole thing out. judge leon on the other han