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Reinforced because this harebrained notion that there is a condition precedent, the only way you can prosecute a president who commits any number of crimes in office is if congress decides to impeach him and the senate decides to convict him. think about how that turns things on their heads. you would have--if you had a congress that declined to impeach a president after he committed all sorts of horrendous crimes in office, that would be like congress delivering immunity to that president because doj could not proceed to prosecute him, or if congress did try to impeach him, he could resign, t...

Applied to donald trump by those three judges. you know, appellate court judges can't conjure up rights out of thin air, but that's exactly what donald trump's lawyer, john souer was asking them to do. what they do is they interpret the law, and once interpreted, they apply it to a certain set of facts. what donald trump's lawyer was asking them to do is take the impeachment judgment claus, which in layman's terms says, if a criminal president, let's break it right down to its essence, if a criminal president is impeached in the house and convicted at the senate trial, he can still be criminal...

Impeachment clause does not contain the impeachment-first rule, then he loses? >> i think that is basically right. the defendant's theory over the course of the litigation has ev evolved a little bit and before this court i understand the argument to be the principle submission to be as you have just described this what we call in the brief the condition precedent argument that there is only liability, criminal liability for a former president if that president has been impeached and convicted. that is wrong for textural and a host of practical ones whichly start with to amplify the point. it ...

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