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because the court of appeals heard a major concession, see what i did there, from the lawyer from a former president who has refused to concede that he lost the election, and he did lose that election. before today trump's lawyers were absolutely, what's the word, adamant, totally convinced that the president has absolute immunity from trump's conduct while of course he was in office. they wouldn't even budge on this point. well, first they wouldn't budge. right out of the gate with question from one of the judges in the federal court, they were forced to make a powerful concession, ...

president that refuses to concede that he lost the election. and he did lose that election. before today, trump's lawyers were absolutely -- what's the word ---e eadamant. that the president had immunity for his conduct while in office. they wouldn't budge on this point. at first they wouldn't budge. right out of the gate, from questioning of one of the judges, they were forced to make a powerful confession, that of course, there is not absolute immunity, meaning you can never charge a former president for action taken while in office, if it was criminal or otherwise. they could -- y...

Arguments. i really thought they did not do service to the president today. but now the president's new lawyer, harry lippman. >> you're gonna play trump's lawyer to the issue of double jeopardy, the concept you cannot be prosecuted twice for the same crime. they are arguing the impeachment qualified as the first instance of a prosecution, and now this prosecution by jack smith is the second iteration. make your case. >> it's the impeachment judge cause your honor, very specific. it says if you have been, impeached and then convicted. then you can be tried criminally. it is not by the way some...

But i'm the president's new lawyer. >> okay. you're going to play trump's lawyers for the issue of double-jeopardy. the concept that you cannot be prosecuted twice for the same time. they are arguing that the impeachment qualified as the first instance of a prosecution. and now, this prosecution by jack smith is the second it ration. make your case, government. >> it's the impeachment clause, your honor. it's specific. if you have been impeached and convicted, then you can be tried criminally. it's not a wooden distinction. you have political judgment across the whole spectrum of american life...