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Warning. Then. Again. This is John good evening. Jr the great voice of the Great Lakes joins me to news have a conversation with our colleague Andrew McCarthy of the National Review online writing in these last days about the memo Yes release the memo the memo from the House Intelligence Committee chaired by Devon Nunez that is a classified document it has been read by several 100 members of Congress predominantly Republicans but in many about we do not have the memo nor do we have what you'd have to say is a substantial leak from those who have read it which is surprising in itself and we are promised that maybe some day perhaps if we're really good we get to see the memo but others want to see it as well for example an assistant attorney general Mr Boyd Steven Boyd has written the House Intelligence Committee asking for the Justice Department to see the memo that of course is pointing to documents in the possession of the Justice Department but that is irony that escapes me right now the White House is weighing we're told we're told this is anecdotal weighing whether to permit the memo to be released not only to members of Congress who can read it already but also to the public and then there are those underlying documents so Andy a very good evening to you you clearly want to read the memo the memo because we do not know what's in it and we need to judge for ourselves is it your opinion right now that we're moving in that direction or are from the. These anecdotes we have from justice in the White House to we believe that this will be slowed down by executive privilege by court challenges dragging out for many months Good evening to Good evening John I think that we are headed in the direction of disclosure and some transparency but it's not a sure thing that we ultimately get there the House is following its rules which provided a process at the end of which is a House vote to release the memo which would just centrally would be to declassify it so that it can be seen and then what happens under the rules is that the president has 5 days to weigh in on that and by the way if he disagrees we have a constitutional dispute it's not exactly clear what happens if he disagrees but that certainly would slow down the works if he did but it will be up to President Trump ultimately to decide whether to object to the house's proposed release of the memo or not and that's why I think it's it's very interesting to hear Mr Boyd and other people from the Justice Department caterwauling about how reckless it would be for the House to release of particularly without letting the f.b.i. And the Justice Department vet at 1st because number one as we know everything that the Justice Department and the f.b.i. Weigh in on here they slow down so that seems to be a stonewalling tactic that they have but number 2 and I think more importantly in the 5 day period when President Trump gets to make this decision the Justice Department his Justice Department and his f.b.i. That they are a component of the Justice Department will have every opportunity to weigh in with President Trump and presumably to see. The memo and. Try to convince the president that he should object so the idea now that they're objecting and saying that they need to review it even before the decision gets put to President Trump is just silly to my mind they'll get a chance to review it before it gets publicized fast handy I recently echoed you are on American greatness we've talked about the release of the memo and how that process works but what about the key to the whole thing which would be the underlying documents and what is the timeline for that. For all the good to talk on line I think that he it could be that there would be no disclosure of those documents or they'll be some disclosure of them and what I would relate this to would be in litigation that involves classified information but there's a process to tog risk as described on the what's known as the Classified Information Procedures Act And basically what happens is now and the reason I mention this is because these underlying documents were referring to presumably chockablock with classified information which is the problem with we're doing with disclosing them and I think a lot of the people who are involved in the in the process of putting the memo out would be delighted to put the underlying documents out if there were not a problem with methods and sources of intelligence being disclosed that's the thing that they're being accused of being reckless over so they're obviously trying to be very careful with that under the Classified Information Act procedures what happens is you have a better basically 3 choices the information can be declassified if that can be done without imperiling methods and sources of intelligence you can try to read to act at the 2nd thing would be try to redact out the information in the documents that would identify methods and sources but sometimes when you do that. It becomes the document becomes insensible you just simply you're releasing nonsense because you need that context to understand it and the 3rd alternative which is the one I think that Chairman Munoz is putting forward in the memo which is why I think the memo was perfectly appropriate is the law says prepare an unclassified summary that conveys the information everybody needs to know but steers clear of the problem of disclosing methods and sources of intelligence and that's why I think it's really inappropriate. Especially for members of Congress to be criticizing the committee and criticizing the chairman for the procedure that he's following because the procedure he's following from what I can see is completely consistent with Congress' own laws relating to how you deal with these kinds of classified information disclosure issues there are underlying documents and a and a memo is said to point to those underlying documents which are classified at this moment. Who actually owns those costs of those underlying documents whose power is important here the f.b.i. The Department of Justice the House of Representatives the Senate is there is there an answer to that yeah. I think. It was Justice Holmes who probably put it best John that the. Divisions of authority between the executive branch and the legislative branch are not black and white but basically shades of gray and this is one of those areas where that comes to the fore as most kinds of national security war making and those that sort of basket of powers in our Constitution are all kind of. In the same gray area so classified information belongs to the executive branch and in the executive branch itself it's said to be owned by whichever Intelligence Agency produced the intelligence however Congress has a role here after all the intelligence agencies are creatures of statute you won't find anything about them in the Constitution and it's the Congress that makes it possible for the intelligence agencies to collect and store and analyze and do everything they do with classified information so there's a tension in the law and there's a tension in our even our case law such as some case law that regards classified information basically as a plenary property of the executive branch there's other cases that acknowledge a congressional role and a power in Congress to direct the administration the executive branch or at least strongly suggests that he had been a secular branch. When near should be disclosures consistent with Congress' ability to do oversight particularly of the agencies that Congress itself has created so this is one of these areas that reminds us that we're mainly a political We like to think of ourselves as. Completely leave. The whole society in the sense of being. Sort of organized under the rule of law but in fact we're a body politic and most of these disputes are political not legal and they get flooded out basically by the Congress and the president putting pressure on each other until some resolution is come to I just want to understand this as a non-lawyer where we're looking at a situation where Congress is watching the watchers and the watchers have possession of the documents that Congress is watching is not all correct and that that is not it is not resolved then who has authority here especially when there is the inference that there's been wrongdoing. Yeah but John I guess the thing I want to be clear on. Is some people get intimidated by this stuff because they're not lawyers make think law controls all of this. Really in this area law does not control it what controls it is political power so it's true that the executive has the possession of these documents but the Congress has the possession of things like the purse that funds executive agencies and the ability. To conduct oversight the ability to impeach officials who obstruct congressional investigations and the like and I think what the framers intended in these sorts of things is that the executive has its powers the Congress has its powers they put pressure on each other and eventually. You know they come by that collision they come to a resolution of these kinds of disputes that is if not completely satisfactory to both sides least. It gets the public what it needs in the way of affective. Andrew McCarthy of National Review Online Thaddeus McCotter Jr the great vice of like the Great Lakes we're discussing the memo and the documents that are underlying the memo in these early weeks of the debate about what appears to be a separation of powers conversation when we come back we'll continue pursuing if not the memo then also the resolution of this between members of the Trump administration I'm John Bachelor this is the john. I was introduced to this remarkable taking you through that there is a tense this is. Alice of nature provides the nutrients of $9.00 to $11.00 servings of $31.00 different whole rotten foods and vegetables per day the cost to the consumer Fernanda $11.00 servings is about $0.22 per serving as opposed to over a dollar a. 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Own stations that will reach almost 80 percent of America President Trump campaign against the concentration a media power we need to stop the f.c.c. Is dangerous play and if this radical f.c.c. Playing goes through the big networks will own almost every t.v. Station in America and conservatives won't get a fair shake don't let the big New York networks control your local news I'm urging you to call your congressman and senator then sign my petition to Congress at stop the f.c.c. Plan dot com that stop the f.c.c. Plan Hi I'm Steve Kagen and I am a mere mystery co-founders of his deed to Salina versity we've built a digital business for branch working professionals delivered by over a 100. Sports including the c.m. 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Troels the cabinet theoretically way I read it and Congress is a separate branch of government right now the dispute is over documents underlying a memo is also said to be another memo that will make this even more fun a memo being prepared by the minority on the House Intelligence Committee maybe there are more memos to follow. And I just want to be clear about the separation of powers I didn't have work to declassify and release documents. He certainly does That's exactly right. And he hasn't. That's right well that's I think part of what's been frustrating for all of us from the beginning that is the fact that the president would seem to have an interest here in getting this information publicized and has the ability to declassify it but I think has been hesitant to get involved mainly because the Russia investigation overlay here creates the and especially the history that we've had up to this point opens up the possibility that if the president acts he'll be accused among other things of structuring the Moller investigation I don't think he would be obstructing the mall investigation and I don't think the president should ever be faulted for cooperating with Congress but I do think that that is what would happen and I think the administration's worried about it and as a result the president is trying is hoping I think that these things will get resolved without him having to. Get involved in it but. I'm afraid he's going to have to get involved in it and it's way past time you mention in your article about coming to the memo reading the memo in the underlying documents that the adversaries of this process charge that this is a distraction Good heavens handy this is if I understand it about the origins of the investigation that Mr Mueller is conducting that certainly isn't as is going to be a primary concern for Mr Miller along with the Republicans and the Democrats so far from distracting if in fact engaging all of us to enter into these debates. Yes it sure is and I think. When they say those who are saying that it's a distraction. Are using that as a as a proxy for what they really mean which is that it's an attack potentially on the all regimens of the investigation in the sense that if it if we peel the onion all the way back and we learn for example I don't know that we will learn this but let's just take it as an example we learned that the steel dossier which is unverified and has been largely discredited was the driving force behind the original Trump Russia investigation that ultimately months later led to Muller's appointment obviously people will say that the investigation or at least some people will say that the investigation is illegitimate and I think that's what people who are making the distraction argument are really worried about status. Which means that a very well could be. What do you make of some of the pundits out there perhaps not as well versed as yourself in the middle law that are saying that somehow congressional oversight that's being done by the committee by Chairman Nunez is somehow constituting obstruction of justice when you make a. Yeah well you know. Mainly what's been obstructed here from what I can detect and by the way this is a felony as well is obstruction of congressional investigations it's not just judicial proceedings that get obstructed and Congress isn't titled by and empowered by the Constitution to conduct oversight over the executive branch particular the executive branch agencies that have been created and are funded by acts of Congress so you know I think to me I think the instruction sure was on the other foot as it were because I don't see anything that Congress has done in the way of investigating how the investigators wonder about their work as at all impairing Muller's ability to conduct his investigation but I do see to a great extent that the way that the Justice Department and the f.b.i. Have acted with respect to reasonable requests for information by Congress that has majorly obstructed congressional investigation so that's what I'd be more concerned about the obstruction of justice the underlying documents and again and again and again and I hear in your article and from you there's the possibility the strong possibility that we will not get to see them is that is that up is that a strike is that more than 50 percent likely we won't see the documents John you know it's impossible to put a number on it because we don't know how rife with classified information that could compromise sources and methods of intelligence these documents are and we always must remember that one of the great dangers with the government's ability to classify things is that the mission the national security mission that that really goes under the auspices of the intelligence is a great. And tell you. It's a very right. An embarrassment by the government and a lot of times when they claim that you know things are classified in with them when they say we don't want to imperil methods and sources what they are sometimes don't you so we really don't want you to know what went on here and that may not be because you're worried about sources Andrew McCarthy for the National. Frankly. Democrats who are more entrenched and most people really don't give a prayer. To. Court believe. That that's the only thing that matters in the conversation with Franklin afternoons from $4.00 to $7.00 on the next generation of 8. $100000.00 law enforcement officers defend America. Every day and any given moment. Can prove the badge of honor Memorial Foundation is the national advocacy group for the families of law enforcement officers killed in the line of duty providing oversight and guidance in obtaining benefits for surviving families visit the h m f dot org today and find out more about how you can help vets b.o.h. 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I'm John Bachelor this is the John Bob show I welcome Jack Ewing European economic correspondent for The New York Times also the author of most recently faster higher further the vote farther the folks wagon scandal this is a story of European carmakers taking advantage of regulatory environments to cheat and to cheat in order to get passed sensible common sensible restrictions on pollutants and also chemicals in the air that poison people in particular instance nitrogen oxide Jack a very good evening to you there is new information that is the predicate for your most recent story of The New York Times in a lawsuit from the United States a discovery a and a lab in Albuquerque New Mexico that was used by Volkswagen and other car makers in Europe to cheat sheet how Jack and why good evening to you. Good evening well this is kind of a new twist to that mission again which we've known about for a couple of years it turns out that Volkswagen along with b.m.w. And dime were with financing scientific research which they hoped would refute the increasing evidence that these are pollution with harmful. So they hired this Albuquerque lab to test monkeys they actually expose the monkeys to exhaust coming out of a Volkswagen Beetle diesel and they wanted to compare the effects of that to exhaust coming out of an old 4 diesel pickup truck but the twist of the whole thing was that this beetle had software that cheated on a mission so it was actually producing a lot less emissions in the lab that would on the streets or with in other words a manipulated test and this is just something that took place in 2014 but we've just learned about it and I was just writing about it today as a matter of fact in the New York Times now voce wagon has already paid 26000000000 dollars dollars for it's a it's missed misconduct all these years this is in a d.n.a. Edition new revelations about Volkswagen the other companies b.m.w. Is mentioned Audi is mentioned did they participate in this fraud with the Lovelace respiratory Research Institute of Albuquerque Well they were fine they were at least financing it they had set up an organization. Which has a very long name but it was basically to do were search that was supposed to promote diesel and but all the money came from b.m.w. Dime learned folks was going to make finance these tests now b.m.w. And dialer told me that they were not aware of what was going on in Albuquerque and the fact that the fault was and they were using was rigged to produce artificially low emissions but they were all paying for it they were paying for it and a detail here the lab says that it was unaware of the cheating it's an elaborate way they did this to put a beetle up on. A treadmill and run the engines but the way. They avoided it is Fi understand your technological presentation because there's a graphic to go with this is that they the computer can tell the machine the beetle itself not to use a good deal of gas which would increase the increase the poison and to bypass the system so they were cheating on the treadmill do I say that correctly checked Yeah well that the car was programmed so with that it recognized when it was on one of these treadmills which was a warning that maybe a regulator was testing the exhaust and so they were basically just set up to do for the regulators and when the car was on a treadmill it would pollute a lot more as much as the big truck and so it happened to have been the Albuquerque lab or on rollers in other words the type of situation that would cause cheating software to kick in so that the amount of exhaust that was coming out of the tailpipe with with much less than it would have been and of course that meant the experiments were based on false data it's all it's breathtaking Jack really Yeah I mean really we're talking about poisoning the air of Europe you have a photograph accompanying your piece in the Eiffel Tower looks as bad as Beijing I had no idea this was going on but that's but we're also talking about chemicals being poured into the air from diesel engines did that do the company's claim they didn't know this was going on that these engineers are rogue or something like that that's what they claimed initially I think that's become a pretty hard thing to claim anymore it's clear that folks walked in there with. Dozens probably hundreds of people that were in the know about the software there had to be 2 installed in 11000000 cars over different generations of models many different types of model what was there an inner circle of Volkswagen you get read into knowing the secret that were a bunch of frauds is that it I mean it was 11212 kinds of Volkswagen employees somebody who knows and somebody who doesn't. I think it was pretty common knowledge I think people got roped in as it affected their jobs it was it was not a I would say a closely organized conspiracy it was more something that started small back and around 2007 and just kept getting bigger and bigger and involving more and more people and it certainly among a certain group it seems to have been really common knowledge within the company it just because I'm just coming across as Jack and you've been living with it for years for heaven's sake you've got a book out in my Ok to be shocked that grown ups would do this to your up. Yes. Definitely Ok to be shocked I mean it's a huge scandal I think you could say it's one of the biggest corporate scandals in history why are they still in business 26000000000 doesn't do it let's let's multiply it times 10 what what's going to do this they're not trustworthy. Well I mean I don't actually think that we should put folks walking out of business you know because there's a whole lot of people creative destruction or some other car company come along and I probably do it honestly all right now let's concern ourselves with the macaque monkeys who are being tested in Albuquerque Albuquerque Labs says they didn't know they were cheating were the monkeys exposed to the bad air that wasn't supposed to be bad that was pretended to be good well actually as far as the monkeys were concerned they probably got exposed to less than they would have if. The car didn't have this cheating software so it's actually the car was much dirtier when it was outside and I asked him what it was in the lab that's not to say that anyone would envy these monkeys sitting in a chamber of breathing exhaust but it actually could have been could have been worth the detail about the monkeys we learned from the Lovelace respiratory Research Institute You cannot make this stuff up is that in order to keep the monkeys calm they watch cartoons do we know what cartoons the macaque monkeys watch No I was not able to learn that detail and I would really like to know that myself but apparently this is something that at the 5 which I get it shows you that they're actually fairly intelligent animals yes macaques have a reputation of being just like us but without without the problem of Volkswagen based in Delhi we force it upon them I'm worried about the macaques I'm worried about the people who own Volkswagens and other makes I learned from your graphic that we're looking at Audi and b.m.w. Certain a certain types of those cars as well. Well the the ones that have this actually had this illegal software as far as we know about it's just products from the folks watch. And Group which includes folks walk and brand and Audi and also a Porsche diesel. B.m.w. Diane Lehrer they have not been accused of doing anything criminally wrong and you also have to say that they don't sell that many deals from the United States folks walk in with the company that really tried to push diesel on the United States until they got caught doing it right so it's a diesel engine Volkswagen or Audi or one of these other makes I don't recognize them but I get along to those who are. Something called a coyote on these or expensive cars the big s.u.v. That some of there's a diesel version of that which actually has an Audi engine so it had the right kind of what do you do if you have one what have people done since they've been aware of this I was not did they do they junk them do they sell them back to they get their money back there's already been a big class action suit which was settled and that calls for owners they have a choice of either selling the car back to Volkswagen and they get compensation I think it starts at around $10000.00. $10000.00 per car depends on what kind of car you drive right. And so you can sell the car back to vote walk in which is supposed to then scrap it or you can keep the car and you still get some compensation for the fact that folks walk and lie to you and then folks who are going to disagree with the regulators for ways to improve the emissions system in the car so it's still not 100 percent compliant but it's a lot better and folks walk in and then doing other things to sort of make up for the environmental damage that it's all right 20 seconds Jack what about the macaques how what's happened to them. Well we don't know for sure I mean they were not as part of this experiment the they were not killed as part of the experiment that would have the point of the experiment with the what if the effect of these gases on living creatures evokes what wanted to show that the new rules were not as harmful as everybody was saying they were. And so they were tested afterwards they had cultures taken out of their lungs while they were sedated what happened to them since I don't know I was not able to get to you understand Jack it's easy to identify with monkeys who like cartoons I mean that's just basically who is you made big Jack Ewing European correspondent for The New York Times his new book is faster a higher farther the Volkswagen scandal I'm John bad so this is the John Bob So show. For business is the cheaper and better communication service you're listening to charge actually started to change and you don't want to worry about your customers not reaching you with i.t.t. For business you get a reliable completely cloud based business great phone system with all the features you need to run a business of any size including auto attendant voicemail to email conference calling and so much more plus with i.t.t. For business you can take your business anywhere with a mobile app for i Phone and Android they keep. 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So before you spend a lot of time money and stress were no guarantee don't go strongly consider mediation with Attorney Denise Eaton made virtually any dispute. Employment. Discrimination. So you can move litigation is costly and the. Mediation however is immediate. And if you're not satisfied you can always litigate seriously. Mediation consultation. Legal. Disputes mediation allows you to resolve your dispute rules the courts. 3 decades experience. 33. Legal. I'm John Bazza this is the John Basso showdown Creswell from Mackay to says Here to talk about the latest we understand in immigration negotiation in Washington between the White House and the Congress particularly different parts of Congress are necessary to talk about the Democratic position the other Democratic position and then several Republican positions I won't give them names there are too many dead a very good evening to you. As I understand it the president is now offering another deal to some faction of the hill you know that that that requires a scorecard and minds all marked up so I'm just going to offer the deal to the Hill the deal is this doc which is 1800000 people that number is used routinely there though the doco will be granted citizenship or at least a route a road to citizenship. In exchange for building a wall or at least a portion of a wall or something that looks like a wall with a big price tag on it implicit in this of course as if there will be other changes to immigration So 1st question is meant to be easy Are we looking now at a conversation a serious conversation about immigration reform are they teasing us good evening to you Dan Good Good evening John this is a serious proposal this this is the most serious proposal the president's made of course I have to say he's been kind of all over the map on this and I think it has sent a confusing signal but the proposal on doctor is a serious one you know there are 690000 of these these young people who came into the country we all know you're legally but when they were minors. There's about $1300000.00 that are eligible under the current docket guidelines and the administration's actually. Modified those guidelines somewhat to to allow 1800000 to potentially be legalized and after 10 to 12 years to be citizens I think that's a serious proposal that there are some serious problems though I think it unfortunately goes downhill from there. I think $25000000000.00 for border enforcement including building a wall is just frankly a waste of money the majority of illegal immigrants currently entering the country come in legally and then overstay their visas the wall isn't going to do anything about that's what that fundamentally doesn't doesn't solve the problem and then the chain migration You know John we we redo our immigration system every 35 or 40 or let's mention have a part of the real part of the deal is chain migration which is right it's a loose way of talking about the fact you know your relative is in the United States and has a documents that make it legal it is possible because you are a family member to apply to also gain the same road citizenship or documentation that chain migration you know that that's a fair description John it's a family migration. It. Couple of things about chain migration. That's the American tradition right John. Immigrants came over 100 years ago and their relatives followed once they got stablished here and there are positive things to be said about chain migration isn't isn't that part of the assimilation process to America that people come here and there are relatives here or friends from their village that's been the traditional engine of assimilation rather than just coming here and having no no connections so but I do think the opportunity for reforming family immigration chain migration is perhaps cutting back on. Extended family categories and and just the cliff occasion you can bring your uncles you can bring your cousins or your nephews its immediate family of course right spouse minor children that's nuclear family that's not on the table what we're really talking about John are adult siblings and parents of legalized us immigrants and I'm there I'm somewhat sympathetic you know the world has changed in the last 50 years hasn't it John in the sense that people can travel more freely they can communicate more freely maybe we don't need these extended family categories where I differ from the president is I would like to replace that with employment based immigration and maybe less family immigration more high skilled employment based immigration this is what Canada and Australia have done they they admit more immigrants than we do as a share their population but it's much more based on employment rather than family and there's one other thing that in a gushy a sion which is the lottery system that you had in place since the 1990 s. And recently that came up in New York because of a perpetrator now still bending before the court so allegedly driving a rental truck into a young family and others on the West Side of New York and his uncle had won the lottery to enter this country and chain migration had permitted this miscreant to enter the country so the original lottery system now is under scrutiny by the White House. And John I want to try as hard as you do and everybody else all your listeners to keep bad people out of the country and I know you don't intend this for the sing for your mind but let's not tar you know millions of decent hard working immigrants who've come in through these channels I think we need to. To scrutinize immigrants even more closely and make sure bad actors don't commit the administration wants to cut back illegal immigration by 25 percent I think that's a mistake we're headed for a demographic decline in this country our native born workforce is already beginning to decline with all sorts of implications for retirement programs for Growth I'd say let's maintain or even expand legal immigration but shift the composition away from family less towards family and more towards employment based on especially I am afraid your idea you've looked at the numbers can a vocation based immigration pap land fill the needs we have from climate Oh I think so and you know you talk to manufacturers and others say they can't find all the skilled employees they need we have an unemployment rate that's that's quite low and this demographic might not actually have it down depending on how you look at the numbers because they can't find factory workers there to jobs for everybody now right now who them white isn't it John you're exactly right and immigrants have been an important part of America's success in the global economy you look at Silicon Valley and all sorts of sectors where immigrants play an important role and they don't compete against American workers they work alongside American workers they complement workers one other idea Dan what about the idea of having work permits without citizenship because that existed $1.00 to $1.00 spot a time in this country and it would relieve the strain on more on the workforce. Well I think I agree with you to the extent that I'd like to see a kind of 2 to part system where we have an expanded temporary visa program where low skilled workers can come in and do these jobs that there aren't enough Americans to do and then go go back to their home after 3 or 4 years but on the high skilled the h one b. Program is an important one because in effect it's a kind of probation workers come here they prove their worth to their employer to the country as a whole and then they can transition into permanent residency and and citizenship. The wall the wall the campaign promise. White House wants to build the wall 25000000000 Come on down that's not a lot of money it's not. Gotten to this point where 5000000000 is. Just. A lot of money over 10 years and the way the federal government does its numbers it's not a lot of money and if it satisfies the campaign promise and it can get the other pieces moving it's a positive you know we have 700 miles of fencing on the border I think there's a kind of don't tell the president I said this but a kind of a face saving approach to this let's invest some money and upgrading that fencing I think fencing is appropriate on the border. Where we're negotiating here just like the wife. Will give you I'll give you 5 miles of wall if you give me then. The proposal by the White House to elements of the Democratic Party elements of the Republican Party about immigration reform long do in the United States I'm sure this is the john. 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