Page 44 - Fact Finding News Today

Engage or comfort, or aiding or. what is the standard of proof, who decides it? something that professor -- referred to is the president of the united states encompassed within this as. you know donald trump says no its not -- gonna be driven to know what the historical view is of that. and then theres some state law issues, which are complicated for the court to reach into, because theres supposed to be independent and state court -- under federalism, that the supreme court doesnt reach into. b...

Is the definition of engage or comfort or aiding? what is the standard of proof, who decides it? something that professor phone or referred to is the president of the united states accomplished with this. as you know, donald trump says, no, its not. it would be interesting to know the historical view of that. and then there are state law issues, that are complicated for the court to reach into, because they are supposed to be independence day programs. under federal governance, the supreme court...

Weissman. where do you think this headed? >> well, obviously the discussion of the s.e.a.l. team 6, that was the sound bite and the hard question for donald trumps team. i think the other thing for people to keep their eye on is not the merits, and it seems clear to me that the d.c. circuit is not going to say that the president is -- the former president is immune. i am interested in the issues that came up having to do with timing of when this case can get back on track. so there are two point...

Within the presidents functions and what is not within the presidents functions, and whether he was acting as president or whether he was acting as somebody seeking the office as a campaign official. very similar to a prior case they decided, and also to the judges case in the 11th circuit dealing with mark meadows. that would entail, if they did that and it went back to judge chutkan for that fact finding, thats more delay in the case, at least potentially. the second thing that was interesting...

How do you think the justices are going to hear that argument? >> well, i think they want to avoid having to get into the facts. i mean, the colorado court did engage in fact finding, and theyre the fact finder. the appellate court shouldnt venture into that. i think for them to venture into that puts them in very deep waters with a lot of mines, frankly, because that forces them to start to evaluate his action. so, i think theyll try to avoid doing that if they can. and i think, as elie and joh...

Challenge a candidate if you dont think they belong on the ballot. it has historically been used for minor things, things like of the school board candidate is running and they dont live in the place where they need to live in order to run for the school board. those are simple cases. it is a truncated process. it doesnt have the discovery and ability to call witnesses and other things you normally think of in a trial and i think it would be perfectly appropriate for the supreme court to say thi...

Court in the january 6th case, although they did not charge an insurrection. i dont think they can -- they dont want to be a fact finder. that already has been determined. i dont think theyll reverse the fact finding. they dont have any ability to find contrary facts, if you wiw will, unless another case comes in from another state that raises the issue. so, were really not going to find that kind of definitive ruling from this court. were going to find a process to resolve what the states shoul...

Live in order to run for the school board. those are very simple cases. it is a truncated process. it doesnt have the sort of discovery and ability to call witnesses and other stuff that you normally think of in a trial. and, you know, i think it would be perfectly appropriate for the supreme court to say, this process isnt enough for such a monumental decision. a new constitutional issue, one that requires a great deal of fact-finding. and so the court could say, were going to put this off, say...

Characteristics. theres no clear line for applying rebellion. theres no clear statement that it applies to the president. theres no popular long standing understanding confirming its application. theres no clear procedure for determining the facts if congress decides he engage d in insurrection, but florida decides he did not. is the court to then engage in fact finding of its own. and what you have most articulated is a desire that this be a 9-0 decision. even if they take the position that you...

Fourteen people were killed Thursday morning in a strike on Al-Mawasi on the coast of Gaza, west of Khan Younis, the Hamas-controlled health ministry in Gaza has said.