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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...

It's not untimely and akdoes th go away? when you don't have the language, it becomes a matter of what was intended here? somebody who has taken an oath or somebody who is the former president of the united states or the president of the united states, they can do whatever they want and be the head of the executive branch of government? >> this is why jack smith the prosecutor is in such good shape in this case. either interpretation, it says something about presidential immunity from crimes. and the living constitution approach, that says and implies the president is not love the law, both ap...