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Don t have the votes. it was we re going to begin the amendment process. there is going to be four areas where opponents are going to either try to kill the bill or better the bill. and that s not only on border security but it s on the process for applying for status. on payment of back taxes. what kind of benefits you might get. as well as refugee status and asylum and i hope i don t leave anything out here. bret: equity at this to same sex couples filed by leahy. he took it off in the committee. he was worried it will blow up the deal. right. the consensus is that they have to deal with those four issues. they don t want to deal with that because they think it blows up the bill. they have a possible four democrats they would lose. that brings to you 51 democrats and then under my conservative scenario, if you get senators flake, rubio, mcgain who are the gang of 8 collins heller, ....
the focus tonight is on the man at the top of the intelligence ladder. chief intelligence correspondent catherine herridge begins the coverage. reporter: democratic senator ron wyden is calling out james clapper. we sent them the questions ahead of time. we indicated to them afterwards there would be an opportunity to amend it, and that s where i ll leave it. reporter: he wants public hearings on data collection of straight answers to direct questions in march. does the nsa collect any type of data at all on millions or hundreds of millions of americans? no, sir. it does not? not wittingly. there are cases where they could inadvertently perhaps collect but not wittingly. reporter: over the weekend, clapper likened wyden s question to, quote, when are you going to stop beating your wife, adding in i responded in what i thought was the most truthful or at least most untruthful manner. are you willing to say whether you see snowden as a whistleblower? ....