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The Situation Room With Wolf Blitzer

blitzer in "the situation room." i will see you sunday morning. happening now, two major breaking stories. the u.s. supreme court just agreed to hear donald trump's appeal of his removal from the colorado primary ballot. the justices now poised to decide whether or not trump is eligible for office under the 14th amendment's insurrectionist ban. also breaking, president biden comes out swinging at trump in his first campaign speech of 2024, warning the former president is a real and present danger to american democracy three years after january 6th. we're breaking down the president's remarks and trump's message at a campaign event in iowa tonight. welcome to our viewers here in the united states and around the world. i'm wolf blitzer. you're in "the situation room." ♪ ♪ this is "cnn breaking news".

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The Situation Room With Wolf Blitzer

same state of colorado. another issue they may have to weigh in on is, well, how is that executed? is that something the states should handle or is there a rule for congress? now, the way the trump team has framed this case, they're arguing this is a request to return the choice of candidate to voters, but the challengers are arguing that the so-called insurrectionist ban applies to trump and he should be barred from holding future office because of what occurred on january 6th. how would this all play out? well, one source close to this case tells me they're giving it the, quote, full monte. they have a briefing schedule. they will have oral arguments on february 8th, and then, of course, they will issue a decision. what is not clear is whether that decision will come in time to offer clarity for super tuesday because while that is on march 5th, the ballots are made out weeks in advance. a lot of the folks here involved in this case have been pushing for clarity ahead of these primaries. wolf, the one thing all of the parties, trump, the republican party, the challengers all agree

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The Situation Room With Wolf Blitzer

we begin tonight with breaking news. the united states supreme court teeing up one of the most consequential cases in decades. donald trump's removal from the colorado ballot as his eligibility is challenged in states across the country. our legal and political team is here with more analysis. i want to start with cnn's chief polite correspondent, paula reid. paula, how significant is it and how will it unfold? >> wolf, it is the most significant election-related case before the court since bush v. gore. they've accepted a request from trump legal team to determine if the colorado supreme court improperly removed trump from the ballot. now, the biggest question here is whether section 3 of the 14th amendment of the u.s. constitution, the so-called insurrectionist ban that bars those who engage in insurrection from holding public office, if that applies to presidents. that is a question that has divided judges even within the

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The Situation Room With Wolf Blitzer

three, and i would have to say that brett kavanaugh, despite the fact that he was targeted in those comments last night, has been quite a partner to chief justice john roberts in trying to take a more cautious, judicious, non-partisan appearing approach. i think brett kavanaugh, justice elena cagen could be real partners with the chief justice in trying to figure out the best way forward. that's where i would put brett kavanaugh, as someone who really is not trying to shake up anything here. now, neil gorsuch is a very distinct approach. he is someone who he succeeded an toe anyone scalia and he has been -- a very distinctive textualist, originalist approach. i am sure he will be very deep into the history of the 14th amendment, as all of them will be, but he is someone who has always taken a little more of a conservative, limited approach to the scope of the provisions of the constitution.

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The Situation Room With Wolf Blitzer

and i expect to see a ruling within a week or two of that. >> paula, i want you to go through some of the major questions the supreme court could actually weigh in on. >> yeah, that's one of the big mysteries tonight, right. they didn't really clarify for us what questions they're going to entertain, but we know from the briefs, both from former president trump and colorado who submitted their own requests. first is section 3 of the 14th amendment, whether it applies to presidents. as i said earlier it is a question that divided judges even within the same state. the other question is, all right, how does that operate? is that something the states should be deciding? what is the rule of the courts or is there a rule for congress? now, there's also this question of did former president trump engage in an insurrection. as one of the other panelists said earlier it is highly unlikely they will want to wade into that. instead, they will likely focus on the constitutional question. look, there's other technical questions they could want to

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The Situation Room With Wolf Blitzer

the country. i think the second issue is does e amendment apply to the president as a, quote, officer of the united states. again, if they answer that no, it does not apply to the president, that ends the colorado case, that ends all of the other cases around the country. wolf, this will be historic no matter which way they come out. they will answer questions that have been around the 14th amendment for over a century, and it will determine how we vote in 2024 and moving forward. >> yeah, the stakes clearly are indeed enormous. kristen holmes, you are out there on the campaign trail in iowa right now. you are covering the former president. the trump team seems to be very confident they will actually win this case before the supreme court. what are you hearing from them? >> reporter: wolf, this has been one of the cases that they're actually the least worried about, at least when it comes to the legal team. i was told this is because of what they had seen in courts across the country. they're wanting to not take this issue up. they believe this is one of the most solid legal cases that they have. however, we did hear from one of

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The Situation Room With Wolf Blitzer

better." it gives joe biden a lane. the more donald trump is stuck reinforcing the things he has done in the past that we know are unpopular and that people feel threatened by, the more opening it gives the biden campaign. >> we'll see how that unfolds. guys, thank you very, very much. just ahead we will have more on the breaking news, the u.s. supreme court agreeing to take the historic indicate head-on. donald trump's ballot ban in colorado under the 14th amendment's insurrrrectionist t. i will g get reactioion frfrom lawmaker i inside the e u.s. cal on jananuary 6th.

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The Situation Room With Wolf Blitzer

array of lawyers. >> it will be so, so important. elie hoe anything, as joan just said it was expected that the u.s. supreme court would take this case on, but we still don't know how they'll approach it. what do you expect? >> right, wolf. as joan said, the order issued today is a few sentences. it does not specify what particular issues. however, i do think there are some things we can reasonably expect. first of all, i do not expect the supreme court to address the issue of insurrection, whether donald trump did or did not engage in insurrection. that's not the kind of thing the u.s. supreme court normally does. they're not a fact-finding body. i expect them to deal with the procedural and constitutional questions, two in particular. first of all, is it up to congress to pass laws telling us how the 14th amendment works or is it up to the states to figure it out on their own? if the supreme court decides this is only up to congress, that will end the colorado challenge, put trump back on the ballot in colorado and effectively end all of the challenges we've seen all across

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The Situation Room With Wolf Blitzer

challenge this. i think one of the big questions that goes across the maine case, as well as the colorado case, is the record that is established by these states in determining that the former president was engaged in insurrection. one of the things that the maine secretary of state pointed out in her finding was that the record made that factual finding. but there was no actual proceeding in maine. it was just based on her assessment of the facts as are in really the public record. different than the colorado case, where there was a trial. it was short, it was limited, but there was some sort of judicial proceeding. i think in some ways, one of the issues the supreme court may need to look at when these cases all eventually get up there is what factual record under section 3 of the 14th amendment of the constitution is required to determine that someone who might be determined ineligible under that provision actually engaged in insurrection. >> good point. andrew mccabe, what do you make

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