legal scholars and know this, whether the rights protected by the constitution protect all persons or just americans. a lot of us who follow these things for a living thought once and for all that argument was resolved in favor of protecting all persons. the language says persons, not pens. on paper it looks trek but in the application of it the supreme court has allowed lower court federal judges to eviscerate, to destroy, to gut, to render useless the opinion. darned if we know why. shepard: so what is happening rather than following the rules they release the people. in other cases holding them forever without going through the process. judge napolitano: going law the process, a trial judge says this is not competent evidence you cannot base a conviction on this i will order the person freed. the government appeals that and the immediate court says we disagree that evidence is