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Ana Cabrera Reports

jurisdiction as judge childs raised, it is our view that the court has and should entertain both claims before it. with respect to the immunity claim, i think this court's decision in cisneros ten years after midland alluded to a separation of powers claim that would involve presidential immunity. i think judge henderson pointed out the supreme court itself has acknowledged that this idea of an explicit guarantee is more of a suggestion than some sort of statutory prescription. >> but there has been no cases since then that have actually used that word suggestion to follow up on that line of thinking. >> within the supreme court, i don't believe there have been cases, but this court in cisneros as well as in cases also post midland asphalt, like rose, duranburger recognized that this type of a separation of powers claim when you're talking about immunity is something for which a collateral order -- appellate jurisdiction

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Ana Cabrera Reports

interests to be furthered? i think the answer to that question under fitzgerald, we think the burdens that my friend talks about on the other side are overstated, i'm happy to describe why. we think the interests in the public's interest in an ongoing criminal prosecution means there should be an across the board rule that a former president is indeed subject to criminal prosecution. what i'm describing in response to judge childs' question is in a particular case, might there be some extraordinary circumstance where a president, a former president could invoke an immunity? maybe. i don't think the court has to reach that there. i think the court could write in an opinion that observes and says based on the nature of the allegations which we take as true there is no reason to recognize that here. and so i don't think it needs to be a case by case analysis, but i think the court can reserve that type of question to the extent it gives one pause about a president in a future situation.

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Chris Jansing Reports

vindictiveness and the pandora's box scenario. you can tell he's paying close attention to this and that he understands the stakes. >> having him in the courtroom, did that change the dynamic sns usually for hearings like this, the defendant is not there. >> correct. it's rare. so i think the one way it changes it is one of the practical sense. the security issues. it's a much more complicated procedure to have a former president in a courtroom. two, i think the judges realized that they were looking at him. when judge childs walked in, for example, the first thing she did was smile at the former president. they know he's there. they understand they are talking about the future of the person sitting before them and i think it matters in an unspoken way, but obviously the law and the facts here have to be decided the way judges always do. >> they're hearing this on an expedited timeline as ken was

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Chris Jansing Reports

opportunity where the president can run rampant and go away scot-free. the department of justice does know what to do with such people. what do you think of that contradiction? >> well, i think they were right back during the impeachment proceedings. mcconnell was right. president trump's lawyer was right. there is potential criminal liability for a president once he or she leaves office. i'm not quite sure why they're pressing this argument on the impeachment clause. it weakens their entire argument because this particular argument i think is so weak and i think the judge's is so weak. there are issues about immunity and what the scope might be but the argument that he has to be convicted in impeachment trial before he can be criminally liable. again, it's just not tenable of constitutional doctrine and i don't think the court is likely to accept that. >> how is nixon going to come into play when this reaches the supreme court? >> yeah, so president nixon was held, there was a case involving

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Group on Waikato River using empty bottles prompts emergency services call and safety plea

A group of people attempted to float down the Waikato River using nothing but empty plastic bottles and a child’s kickboard for flotation, prompting Taupō...

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'Just one wish': Child's heartfelt letter to Three Kings moves Costa del Sol mayor to try and find the author

Jesús Lupiáñez wants to acknowledge the youngster after reading the request to have a happy festive time with their family and “to be healthy”

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Bizarre burglary attempt with portable toilet and torch at local fireworks stand

A portable toilet, a blow torch, and a trailer full of fireworks.

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Cannabis raid: Drugs found in child's cot in Hawke's Bay

A baby’s cot was one of the places police discovered a large portion of $300,000 worth of cannabis on Friday morning after search warrants were conducted in...

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Police investigating child's death in Auckland suburb of Papakura

Police are investigating the death of a child after being called to the Auckland suburb of Papakura last night. A police statement said they arrived at a...

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Jack Reacher season 2: Alan Ritchson on becoming Lee Child's iconic character

“A six-pack like a cobbled city street, a chest like a suit of NFL armour, biceps like basketballs, and subcutaneous fat like a Kleenex tissue.” These are...

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