What's the Super Common Litigation Tactic?

David Frum: It's a super common litigation tactic to try to fix the problem that has caused the litigation. The old memorandum were found to be unlawful so they were like, okay, we'll try new memorandum that we hope are lawful. They're upset that Kamala Harris said the southern border is secure. That's literally listed here. I don't understand why that's legally relevant to whether Donald Trump should have a special master appointed to review the 11,000 document what it literally says.