a justice department spokesperson says, quote, the decision is unfounded and the court had no basis to issue such an order. no party in the case challenged the constitutionality of the immigration executive action and the department's filing made it clear that the executive actions did not apply to the criminal matter before the court. schwab added that although presidents do enjoy prosecutorial discretion on a case-by-case basis, president obama's sweeping pronouncement involving entire classes of persons in the u.s. illegally went in schwab's opinion far beyond what is legally permissible. bret? >> we're following it, shannon, thank you. now to another huge story, less than 14 hours after a lone wolf terrorist's hostage siege ended in sidney, australia, taliban gunmen broke into a school in pakistan, delivering one of the deadliest attacks in this country in years.