people can be indicted a bunch of times and still run for office. a black man can t. you just learn to be good, and in the and you benefit from that extra resilience. coates: i want to get right into all this with attorney jeffrey toobin, he is the author of the nine inside the secret world of the supreme court. as well as home grown timothy mcvay, and the rise of homegrown extremism. jeffrey i m glad you re here tonight. first of all take a step back with me. many people are wondering if tomorrow is the day that the appellate court will decide that trump committed an insurrection. that is not tomorrow is, tomorrow is about whether immunity exists for a president. what do you say? correct. what is important to remember about tomorrow, is it is a question of does donald trump have to stand trial? trump is arguing that the whole case should be thrown out, before it is even tried. which is unusual in a criminal case. because under his understanding of presidential immunity,
before it is even tried. which is unusual in a criminal case. because under his understanding of presidential immunity, he has the right to not even be tried. in most criminal appeals, you have to wait until you are convicted. but in a very narrow set of circumstances, you can argue that you don t even have to go to trial. that is what he is arguing. it is a tough case for him i think. coates: it s a really uphill battle for a lot of reasons. i remember the argument if i could shoot someone on fifth avenue, i could shoot someone and knowing. kara because i live in pennsylvania avenue, and that s all i need. of course the court will look through the lens of the, wild wild west argument. many people, jeffrey wrote a book on the supreme court, they all have this assumption it will all be decided according to who appointed these judges. that is not the case? it s not always the case,