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state secrets. here, john sour is trying to say, well, the president should be second guessing himself for official acts. but no one doubts that assassinating a rival or, you know, selling secrets is illegal and therefore, sours attempt to extend this credential doctrine of qualified immunity means all criminal acts or president might commit is just not going to fly. the d.c. circuits not going to buy, the supreme court is not going to buy it either. >> in your new book, jeff, it's coming out on the 13th, you profiled, friday the 13th, you provide six of the most influential founders. benjamin franklin, north washington, john adams, thomas jefferson, james madison, and alexander hamilton. and you are illustrating pursuing happiness, what that meant in their lives. it's an interesting way to look at things. you wrote so many books that you can now take this on. what did it look like than, and what does it look like now? given the context of the things that we're talking about now, the threats to democracy that we're seeing more and more frequently.

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Trump Immunity Appeal

dernberger when talking about immunity is which a appellant jurisdiction of collateral order are in theory. >> and other circuits, 1st, 2nd and 10th are following that thinking of midland and asphalt which follow the explicit constitutional statutory language that says you cannot be tried. >> two, in cases like cisnernos, this court has spoken otherwise, but nonetheless, one there is the 1st circuit of joseph where a judge is seeking a criminal, or raising an immunity defense to a criminal prosecution as this court acknowledged in both i believe rostenkowski and durrenberger and the court talked about claiborne and hastings which are 9th and 11th circuit cases noted that with personal immunity like that, it is different than the

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Ana Cabrera Reports

on a collateral order theory is possible. >> there are other circuits, i think 1st, 2nd and 10th that keep following that line of thinking and it requires an explicit constitutional or statutory language that says you cannot be tried. >> so, two responses. one, i think in cases like sas cisneros, this court has spoken. i think the only one there is the 1st circuit discussion in joseph, a court was raising an immunity defense to a criminal prosecution. as this court acknowledged this both rostenkowski and durenburger, didn't acknowledge that, but the court there talked about claiborne and hastings, which are 9th circuit and 11th circuit cases. i think judge easterbrook in his shock opinion noted when it deals with a personal immunity like that, it is different than the kind of transactional immunities that were considered in the 10th and 2nd circuit

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Sunday Night in America With Trey Gowdy

be found guilty of a crime they have not been charged with. but let's ask our friend elliot who is a former prosecutor. you've got to help me elliot, trump has not been charged with insurrection so how could he be removed from the ballot as unqualified to seek the presidency? he has not been convicted i don't think he has been charged how does that happen? >> and he did not have due process for the supreme court is certain to take this up they do it any time there is a split among the different states or among the different circuits. as you point out there is no trial particular in maine we are talking about and appointed an d official not an elected official who decided he engaged in insurrection he has not been convicted, siding been indicted for insurrection jack smith spent all these years looking at him did not charge him with insurrection. he has never had a trial, never had a chance to confront the witnesses against him never had a chance to calls on witnesses. never had a chance to get discovery materials. for all the people who are

Crime , Donald-trump , Friend , Insurrection , Prosecutor , Ballot , Me-elliot , Due-process-for-the-supreme-court , Presidency , Split , Official , States

Sunday Night in America With Trey Gowdy

have not been charged with. but let's ask our friend elliot who is a former prosecutor. you've got to help me elliot, trump has not been charged with insurrection so how could he be removed from the ballot as unqualified to seek the presidency? he has not been convicted i don't think he has been charged how does that happen? >> and he did not have due process for the supreme court is certain to take this up they do it any time there is a split among the different states or among the different circuits. as you point out there is no trial particular in maine we are talking about and appointed an d official not an elected official who decided he engaged in insurrection he has not been convicted, siding been indicted for insurrection jack smith spent all these years looking at him did not charge him with insurrection. he has never had a trial, never had a chance to confront the witnesses against him never had a chance to calls on witnesses. never had a chance to get discovery materials. for all the people who are hoping thehelping these decisioe

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Sunday Night in America With Trey Gowdy

have anything been charged with, but let's ask our friend elliotl feel good who is a former prosecutor. you have to help me, elliot,en trump has not been charged with insurrection. how can he be removed from the ballot to unqualified the seat of the presidency? b he hasn't even been convicted or charged. so how does that happen? >> right, his most compelling i? that he has not had due process. the supreme court is certain any they do that anytime there's a split among the different states are the different circuits. as you point out, there was nola trial, particularly in maine. a we are talking about an appointed official and not an electedecid official who decidee was not indicted forin insurrection pure check smith spent all these years looking at him anchard did not charge him h insurrection. he's never had, ne a trial or confront the witnesses against him and never a chance to callan cehis own or to get discoveryer materials. for all the people who are hoping that these decisions in

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Deadline White House

but i want to underscore, we need a federal standard. we need to bring back roe. we need to codify roe. and to do that we have to elect joe biden and we've got to win back congress. if we don't do that this court is going to be continually dealing with these cases as different circuits and different states come up with different outcomes and more and more americans' lives are at risk. >> mara, let me talk to you about an excerpt from a piece that was in slate about how women's health decisions have changed since dobbs. it's by mark joseph stern. he writes, "the conive justices could use the cases in idaho and texas to draw a line in the sand, creating a nationwide guarantee of abortion access when a patient's health is at risk. but doing so would mean admittg that last time around the court got it wrong, that oving roe did not remove the judiciary as mini just said from the abortion debate but shifted life or death decisions about pregnancy into the hands of judges who know nothing about the practice of medicine. there's little reason to believe that the supreme court will own up to its mistakes. the justices can, after all,

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The Last Word With Lawrence ODonnell

circuits to begin with. en banc usually happens in this circuit in two weeks. just a handful of carrots cases will be in spring in the fall and so i suppose from one point of view it's advantageous. there would be delay involved, but the judges on the court will be actively communicating with each other to decide if this is an issue of magnitude that requires one of these rare en banc decisions. i think it's unlikely. particularly with a 30 decision offered by the judge power, there would be much movement the tightness one on. >> and joyce, if it doesn't go to the full appeals court, does mark meadows then try to go to the supreme court? >> i think he does. he's brought on new lawyers tonight, experienced supreme. court practitioners, and if en banc is denied, his time to to

Cases , En-banc-re-hearing , Circuits , Circuit , Handful , Carrots , Point-of-view , Two , One , Pop-clement , Judges , United-states-supreme-court

The Last Word With Lawrence ODonnell

hashtag sisters in law. also with us, harry litman, former u.s. attorney and former deputy city attorney general. a senior legal affairs columnist for the los angeles times. and joyce, let's begin with you of the breaking news of the night. you know a great deal about the workings of the 11th circuit court of appeals. mark meadows petitioning the 11th circuit for what they call a re-hearing which means all of the judges on the bench, on the 11th circuit panel three. how common is it to get the full appeals court once the panel has rejected it? >> it's very uncommon. the 11th has very few cases compared to the other circuits to begin with. on magufuli happens in this circuit in two weeks. just a handful of carrots cases

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CNN Tonight

subpoena, but, of course, that will be a question for a different day, for a different court. but certainly the judge in this case found that the two cases combined in her opinion showed a propensity for mr. harrison to commit crimes. so she was able to deny bond based on criteria here in georgia. >> when you think about that, she seemed -- referencing another judge. she didn't want to be the decisionmaker on this case. tell me why. >> right. well, in here in the fulton county judicial circuit there are, as in most judicial circuits, there is court rules that kind of govern what judges are able to do and not do. in this case, mr. harrison, because he was already indicted by a fulton county jury, lawyer, as you know, he was not entitled to what is commonly referred to as a first appearance hearing or a commitment hearing wherein a magistrate will look at his

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