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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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The Situation Room With Wolf Blitzer

authority, making multiple errors of law and acted in an arbitrary and capricious manner." her decision was based on section 3 of the 14th amendment of the u.s. constitution, which bars insurrectionists from holding public office. but this section of the constitution has now been litigated by multiple states across the country with varying outcomes. maine and colorado have opted to remove trump from the ballot under the section, but other states actually have been reluctant to really get into the merits here, instead relying on procedural arguments and opting to keep him on the ballot. wolf that also leaves the door open to continue to litigate this issue in the general election unless the supreme court steps in, and we still expect that former president trump will eventually appeal that colorado decision to the supreme court. >> so paula, how could this unfold when trump takes this to the u.s. supreme court? >> reporter: the big question is, when is he going to take it to the supreme court? it has been two weeks since the

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The Situation Room With Wolf Blitzer

rhetoric. the courts are the right place for this. mr. trump's appeal today is appropriate. the attacks on me, my family, and my staff are not. >> have there been additional threats since then? >> i'm really not comfortable discussing my personal security, and i just want to express my appreciation for law enforcement and the good work that they have done in protecting me and the people around me, including those i love. >> totally understandable, maine secretary of state shenna bellows, thank you. we'll stay in close touch with you for sure. >> thank you. >> reaction from our legal and law enforcement experts who are with us. carrie cordero, what's your reaction to the arguments that trump's legal team is making in this appeal to get back on the ballot in maine? >> well, predictable that they're going to obviously

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The Situation Room With Wolf Blitzer

challenging the to remove him from the primary pal lot in maine based on the 14th amendment's insurrectionist ban. we'll speak live with maine's secretary of state, shen that bellows, in just a few moments. first are cnn's chief legal affairs correspondent, paula reid. what is trump's team arguing, and what happens next? >> reporter: now it's up to the main maine courts. the trump team is asking the court to overturn the decision by maine's secretary of state of c maine, shenthat bellows. she opted to remove trump from the ballot. if you don't like what the secretary of state says about your ballot eligibility, you can appeal that to the court system, which is what they've done here, asking them to overturn her decision. trump's team arguing, "the secretary was a biased decisionmaker who should have recused herself and had no local

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The Situation Room With Wolf Blitzer

how long will it take them? time is of the essence. ballots are going out, particularly for the primaries. i'm told it's even possible they could not even do oral arguments here to make their decision sooner. but i think this is going to be our slogan for 2024, wolf. "all eyes on the supreme court." >> good point, paula reid, thank you very much. joining us now to respond to donald trump's legal appeal, the maine secretary of state, shenna bellows. madam secretary, thank you for joining us. trump's appeal claims you lack the authority to remove trump from the ballot and accuses you of political bias. let me quote from this 11-page document that was just released. "the secretary should have recused herself due to her bias against president trump as demonstrated by a documented history of prior statements prejudging the issue presented." madam secretary, how do you respond to that? >> first, thank you for having me. i swore an oath to uphold the

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The Situation Room With Wolf Blitzer

court reviewing the matter. and i will uphold whatever the court instructs me to do, because the constitution and the rule of law are what matter. >> do you think the u.s. supreme court, madam secretary, needs to take this question up in order to clear up any ambiguity? >> we would very much welcome guidance from the u.s. supreme court. >> chris christie, as you know, he's a fierce trump critic, warns this move risks turning trump into a martyr. how do you respond to that? and do you have any concern taking trump off the ballot risks tearing the country apart? >> my duty under maine election law and the constitution and the oath i swore to the constitution is to look exclusively at the hearing and the evidence before me and make a decision based on the law. neither political considerations nor personal considerations for my safety could enter into that decision. i had a duty and obligation to follow the constitution, as do all of us who serve in

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The Situation Room With Wolf Blitzer

of trump's argument that the maine secretary of state, we just heard her, was politically biased against him? >> i think that's probably the least-effective argument he'll make in the courts of this proceeding. the court is unlikely to take that into great consideration. the maine secretary of state serves i think at the discretion of the governor. she was appointed in her position. most folks in those positions have political affiliations. i don't think any of those indicators undermine her decision. but it's the questions of process, the questions of what is the sort of due process that he was entitled to in this -- according to what's happened in maine, and was that standard met? that's the more substantive and potential more effective argument. >> marcus quhild recess, in his appeal trump's attorneys write this. "section 3 of the 14th amendment to the constitution does not apply to president trump. he has never served as an officer of the united states and has never taken an oath to support the constitution."

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The Situation Room With Wolf Blitzer

removal from the republican primary ballot in maine. the secretary of state who made the decision to ban trump joins us with her reaction this hour. also breaking, another federal indictment of senator bob menendez, accusing the democrat of accepting bribes from a second foreign country. stand by for details on the new charges tied to an alleged corruption scheme that prosecutors say lasted for years. plus there's new audio of air traffic controllers giving instructions shortly before the fiery crash at a tokyo airport. what the recording reveals as the investigation gets under way. 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. >> let's get right to the breaking news. donald trump formally

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The Situation Room With Wolf Blitzer

constitution and the rule of law. those were my sole considerations in this hearing and in my decision. and it's really important to recognize that this is a process in maine. i qualified trump for the ballots based on his signatures, then five registered maine voters, including two former republican state senators, brought a challenge. i was required by law to hold a hearing within five days then issue a decision within a week. now it's part of the process. the courts will take it from here. that being said, i voluntarily suspended the effect of my decision pending appeal. this is how the rule of law should work. >> i also want to get your reaction to another key part of trump's legal appeal, and i'm quoting once again from this 11-page document that has been released. "as evidence of president trump's conduct, the secretary relied entirely on president trump's public speeches. these speeches did not incite

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The Situation Room With Wolf Blitzer

government. >> speaking of your safety, madam secretary, i know you've received threats in the wake of your decision to exclude trump from the ballot in maine and dealt with an incident in recent days at your home. have you continued to receive threats, and how concerned are you about your safety? >> it is unacceptable what my staff, my family endure in terms of threatening communications, abusive, aggressive, and threatening communications starting on friday. and my husband and i were away for the holiday weekend. and law enforcement acted perfectly. they were amazing. so the swatting incident, the fake call bringing law enforcement to my home, was resolved without incident because of law enforcement's excellent communications with me. but we know from across the country, swatting can be very dangerous. these types of attacks, these threatening communications, are absolutely unacceptable. it's time to de-escalate the

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