impeachment counts. they'll probably prevail. might take some time. you're right about this schizophrenic political versus strategy. >> shannon: leadership says they're not going there but this filing says they are. i want to give you a comment about this decision from the supreme court lifting this lower court's decision blocking the use of military funds for certain sections of building the border wall. the aclu saying tonight this is not over. border communities, the environment and our constitution will be permanently harmed should trump get away with pillaging military found for a border wall. will they win this case on the merits? >> i'm glad you bright that out. this is just saying that the trump administration can continue its plans but the litigation still goes forward.