you've got to try. so they had this thing like, it's double jeopardy because he was already impeached impeached and wasn't convicted, so criminal trial. that has fallen by the wayside. they re-fashioned it. my feeling was, are they trying to come up with something novel enough that scotus will take it? it's out of nowhere. >> this entire ordeal around impeachment, this entire question, this entire appeal, is the shot from 36 feet. it's the half court shot. if it goes in at any point for any reason, you take it. and i think the more that you can jam-packed into, that you may get a line, it may be referred to as what we called dictate of an opinion, we try to ride. the dictate is something a judge may say that is not necessarily jermaine to the case, but is part of a decision. they're looking for something that they can hang their hat on, some to work, some avenue, some cracked they're going to be able to open that's controversial enough that they feel like it's going to generate a legitimate question for another appeal for more delay.
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