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and for those keeping score at home, it's two democratic appointees and one republican appointee who are hearing this case, which i think lends some optimism to the -- jack smith's team because of that makeup. it's also true, this argument for donald trump is a pretty extraordinary stretch. remember when we covered the mueller investigation. and there was much sdiscussion that there's is a justice department policy. not a law, but a policy, that says a sitting president should not be indicted. implicit in that policy, of course, he could be indicted later for something he did. that's...

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...