it's a sign to judge reggie walt what did the scooter libby case.can law, no federal judge has ever resolved this kind of dispute between congress and the preside president. bottom line, the case will be thrown out. >> oh, really? richard, do you see it this way? the president was a former constitutional law professor. and he knows constitutionality. at least that's the thinking. he felt like he didn't even want to take on the advice of the pentagon lawyers who said, you need to get congressional approval. he and white house lawyers said, no, you don't need to do this because, a, this is not a war. is that a solid argument? >> i have to agree with avery. he's right on the money of this one. the definition of hostilities is ongoing. do we have boots on the ground? are we sustaining casualties? that does not apply in this particular case. and avery is right. the federal judge is going to dismiss it turned theory that congress has the ability to correct this. they have the ability to stop funding for this type of situation or they have the ability to s