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A special state convention, meeting downtown, formally freed the people who had been enslaved on Jan. 11, 1865.

That state, including of cases of rape and incense. >> michelle, i want i could talk to you for much longer because you obviously are an extensive expert there, you also have a wealth of knowledge as it relates to the 14th amendment and the american constitution. let's shift bears there for a moment, i know you're -- and what they will and will not do. should they take up the colorado issue, how do you think they're going to navigate this question about donald trump's eligibility under the 14th amendment in section three? >> it's a great question, it's a fair question, let's be clear, the 14th...

Because the founding fathers left out the word president that's it, that's all the marbles? >> i don't think it's going to be enough. if you go back to when this amendment was actually passed after the civil war, i think it's unfathomable for us to think that robert e. lee could have ran for president as someone who had engaged in rebellion or insurrection. i think that is enough right there to show that look, he couldn't run for president back then because he engaged in rebellion and insurrection. former president trump also engaged in the same conduct and should not be able to run for presid...

He uses an example that former president trump didn't tell people to go into the capitol. but that ignores the whole big lie that he spread, the december 19th tweet telling people to come to washington, d.c., not telling people to go home for the three hours. so it is an argument but it's not a very fulsome argument. so i find it hard when the 14th amendment section 3 is all about engaging in insurrection or rebellion for you not to get into the facts related to the very essence of that amendment. and since that argument and this brief from president trump was actually pretty late in the brief...

Right? if you've engaged in insurrection or rebellion you shall be disqualified from the office. president as well i'll say here. being elected. i think that is something that needs to be considered. when we look at the historical donation of the amendment. and i think the supreme court will engage in a review similar to what tim just said with some of the laws that have been passed and hopefully the reconstruction era of these amendments as well. >> but some would argue on that point about self-ex-kooupting i with i know is a fancy way of just saying i don't have to do anything for this to wo...