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any way donald trump from being tried in d.c. it's just something that could change the scope of what it is that the prosecution is required to prove for one of the charges in that case. >> given that context, i wonder what you think is going on inside the court. they must know they are about to deal with an avalanche of trump-related cases involving some unprecedented situations. a situation where case law is really thin. your sense of the conversations happening? >> i'm sure it's just terrible timing for the court. they did what they did in dobbs, which is angered the good chunk of the country. there were other questions about the supreme court and now to have this set of cases in this really polarized time. the chief justice cares tremendously about the

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way in which trump loses this case. i think if the challengers in colorado to trump keep their eye on that ball and speak the language of the conservative justices, i think they can prevail in this case. >> neil alluded to this dynamic, but the confidence in the supreme court is pretty low a at the moment. now they are set to play a role in the election, the likes of which we haven't seen bush v. gore. they are not just walking through a legal mindfield it's political as well. >> it is. and i can tell you from the few times i have had had the privilege of a conversation with the chief justice at various events around town, i'm sure everybody knows this who knows him. this upsets him. he hates the mingling of their judicial responsibilities and approach to constitutional norm asks principles and ideas to get

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arguments in about 80 of those casings touching on every aspect of american life, big or small. and at this very moment, they are waiting to hear if they will pick up one of those big cases, the kind of case that winds up in the had history books. the outcome could determine who is on the ballot for milons of voters as they head to the polls this year. we are talking about a challenge to donald trump's spot on the ballot based on the 14th amendment, which bars insurrectionists from running for office. as we reported on this program yesterday, the ex-president is now asked the supreme cou to keep him on the ballot appealing a ruling from the supreme court that found trump was ineligible because of his role on january 6th. the republican party has also asked the court to take the case. so of the voters who filed the challenge in the first place, everyone agrees the supreme cot has to take action. "the washington post" reports that attorneys for the colorado voters who challenged trump's spot on the ballot wrote that if

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before we get to the political half of this development, just from a strictly legal strategy perspective, is trump's decision more reichly to help his causes, to hurt them or neither? >> i think it helps him because of the political sphere that michael is going to talk about, which is his sort of saying that i am a victim, i'm a martyr for you, all of these not so vaied illusions to religion and when he's doing for his base and sort of locking that in, and that really is, in many ways, his legal strategy because legally, take the e. jean carroll case. he lost that already. the case that is coming up, the judge has already found liability against him. so much like the rudy giuliani

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crocket, it's been a busy day for you. violent threats against lawmakers and other public figures now facing a fever pitch. the late of the victims and an arrest in a very high-profile case after a quick break. how florida republicans are trance forming their state into the land of disinformation. we'll tell you about new, forts under way to see how schools teach slavery and a dangerous, debunked lie about vaccines being pusheded by the state's top doctor and we'll continue to look ahead to president biden's campaign speech in valley forge on the eve of the anniversary of the january 6th insurrection with our good friend eddie glow who was with the president yesterday. "deadline: white house" continues after a quick break. do not go anywhere. break. do not go anywhere ive experiences for the thinking person. viking - voted world's best by both travel + leisure and condé nast traveler. learn more at viking.com.

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amendment founders actually lace ed into the text of the amendment a democratic solution. so if trump is upset about being labeled an insurrectionist, he has the option under the 14th amendment to go to congress and get a vote on whether or not he should be reinstated. that's the democratic way. if you want to talk voter choice and the like. >> and there's the argument that congressman raskin has made this is one of the eligibility requirements where there's something like age or the place they are born. let's talk about the bigger picture. this is not the only case involving donald trump that's likely to wind up before the supreme court. politico put it like this. in the next few months, the court may need to decide whether trump will spend the campaign sitting in a courtroom, whether he must are remain muzzled from spewing his vitriol and whether he can even run at all.

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remember, that was initially scheduled and still technical ily on the books scheduled for march 4th. so the real issue is to keep the eye on when that stay will lift. there's substance of the obstruction charge. one of the charges, one of the four charges that donald trump faces in washington, d.c. and there in a separate case, donald trump is not a defendant a n that case, but the legal issue is the same, which is what does the obstruction statute require the government to prove beyond a reasonable doubt. that case actually could be quite interesting because if i were a prosecutor, that's when i would want to know that. at least prior to the case going to the jury against donald trump that the jury is correctly charged pursuant to what the supreme court says are the requirements. but again, that is one that should not prevent or stop in

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up for the supreme court earlier. now the court is kind of jamd into this. and andrew was absolutely right. there are ways for the court to rule tomorrow afternoon on whether to hear the case and ways to try to undo some of the uncertainty, but the fact is on january 20th, there's going to be mail-in ballots sent to military and overseas voters and then on february 12th active registered voters will get their ballots. so there's a need for the supreme court to resolve this as quickly as possible. i do blame the trump team taking that long to file that brief. now the court is a little jammed. >> the clock is ticking. thank you so much. when we come back, the ex-president is turning his very busy legal calendar into one big spectacle. we'll look at the legal and political strategy that is behind that. plus with president biden marking january 6th anniversary

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constitutional legitimacy of the court. and these cases are undoubtedly very trying. when it comes to the colorado case, i think one of the hardest things is that the justices on the court, the republican-appointeds have talked about their methodology being one of the original intent of the constitution. and there's basically two big camps on how to read the constitution. one is associated with the left. an idea of the living constitution that you look to policy consequences that you're not in a straight jacket because of the founders' views. the other associated with the republican party is strict construction of the constitution and original intent. here's the problem for donald trump. the original intent is squarely against him every day of the week on the colorado 14th amendment case. two very conservative scholars wrote a long article about this. so for someone like trump and trump's appointees to the supreme court have taught the language of sbept, that's the

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case, we know he is losing that case. it's just a question of how much money the jury is going to award. so he's going to be using that both to pursue his victimization strategy and he's going to use this as free publicity. and i think the challenge for all of us in the media is really understanding that and understanding that if we're going to be spending much time as we have to spend time covering the nature of those cases and if liability is found, we obviously have to cover that. it's a first. but we really feed to think about how much time we're going to spend on other candidates, both republican candidates and democrats, so all of the noise and all of the oxygen in the room is not swallowed up by donald trump making these cases that donald trump showed for his base. >> so let's put that in the context of the calendar and let's show that calendar one time.

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