this in the senate it now moves over to the house to see what happens there and you know was it steve dame's republican of montana ron widen out a democrat or oregon and you know one of the rare times they get together and things they did offer up an amendment that would have prevented the use of section 215 for warrantless surveillance of internet searches which is what we're talking about but that failed by just one vote for didn't show up one of them including bernie sanders didn't show up to vote failed by one vote some of the would have prevented that rand paul of all people surprisingly rand paul of kentucky he proposed an amendment that would have actually exempted americans from being able to be under fire as the court approved surveillance which is actually i think something that we really need to discuss and should be brought up that they all just you know 51128585 senators voted against that for. keeping americans exempt from via the court which is what we saw abused during the whole russia gate controversy so it's very interesting to see how you know they're all joining up to cru

steve: notre dame come back in august skip fall break and adjourn at thanksgiving which coincidentally is the end of the football season. anyway, lots of news to talk about on this tuesday morning. yesterday at this time we were talking about how a gym down in bellmawr, new jersey was going to defy governor murphy's executive order that locked down the gym. gyms in new jersey still not open. but the owner made it very clear he felt like his 14th amendment rights were being violated by the state government. he said i have not broken any laws so they reopened at 8:00 yesterday morning. then at 11:00 yesterday morning a police officer showed up and said all those people gathered outside are violating social distancing ordinances and rules. listen. >> we are and were over here. we planned for the worst, hoped for the best and it seems like that's what we have out here today. normally you are all in violation of the executive order. on that note, have a good day, everybody be safe. [cheers and applause] steve: a lot of people are screaming okay, we won. we won. that was at 11:00 in the morn

notre dame's decision came one week after california state university system announced their campuses would not reopen as usual in the fall. steve back. huge consequential decisions for students and parents. donna, take us inside how you would advise a university or family about how to make decisions about the fall. >> each university and its campus is unique. i'm a trustee at wake forest university. like many small schools that are contained like a notre dame you can make decisions about how you're going house students, going into single dormitories, making sure that classes can be offered both remote and in person. creating social distancing on a campus like that, which is very different from large state institutions that might have different considerations. at wake forest for example, connected to a medical school, so they're actually able to use the resources of that medical school and hospital to ensure testing and safety. i think every campus is different. and this is going to be a tough decision for students and parents to make a decision about whether to send their student to a campus and for the campuses to make sure th

griff: well, ainsley, brian, steve, good morning will flynn's attorney sidney powell has filed a writ of man damercuit in d.c. that's what they do when there is a full decision to appeal. sidney powell is asking this court to grant the government's motion to dismiss the case and seeking his immediate re345068 saying he has lost hi objectiviy and can no longer continue. >> the law is clear he doesn't have authority to grant it. he can't appoint a prosecutor himself. the case is over and his bias is so egregious he should be removed from the case. >> as it stands there is no timetable for the appeals court to act. we could see a briefing schedule, public hearings. it comes as judge sullivan has set oral arguments for july 16th in his court. meanwhile more of the rice email from inauguration day that was already declassified has newly released portions describing then fbi director james comey cautioning president obama on passing critical information to then incoming national security advisor michael film. rice wrote. this. comey said he does have some concerns that incoming nsa flynn is speaking fr