non-american citizens versus the willingness to gamble with the lives of the american people. what the judges have decided here and democrats have decided, they're willing to gamble. >> the ninth circuit has taken upon itself to decide they are now going to override the president of the united states when the constitution and the statute is clear. you read it multiple times. if there is no question about the statutory authority here. let me add one other thing, i think this is a fundamental aspect of this. this constitutional crisis has been established not by the administration but rather by the district court in the court of appeals. the president can moved that whole issue out tonight by issuing a new executive order meeting this burden and not let them fight it out again. that may be one way to resolve this. i trust the attorney general's recommend vision and advice on this no matter which way it goes. >> sean: let's look at the practical potential consequences here. what they are is if god forbid