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immunity question, could be sent to another court to decide. and delay this in an even more meaningful way than just the back and forth between the appellate court and the supreme court. >> by the way, if mr. trump's lawyers had not taken an absolutist position, this is the logical argument for them. they could've said, sure, there might be a circumstance under which a president or former president could be prosecuted criminally. but this one isn't it. all they had to do is argue that what he is charged with in the underlying indictment was an official act. and then it's not an enormous leap to claim immunity for official acts. but they didn't do that. to your earlier point, they staked out this absolute disposition, painted themselves in the corner, and of course judge henderson or another one of the judges was going to ask, precisely that question. because that's the fallacy, that's the weakness in their argument. >> dan, we started this segment off playing some sound from