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i think that's a real argument. there are real issues about what the scope of immunity, if any, should be for presidents from criminal prosecution. the district court here said there's no immunity at all. the president's lawyers are arguing well, if it's within the outer boundaries of the office, there might be immunity. that would still leave open the question of whether everything he did was in the scope of the official duty of the office or was more of a candidate seeking to affect the election. so even if he wins on his theory about immunity, he could still lose on the facts because these actions are not considered to be within the scope of the office. >> richard, thank you very much. we have huge breaking news that we have to bring you. u.s. defense secretary lloyd austin has been diagnosed with prostate cancer. courtney has the latest. we were asking what his underlying conditions was and it seems like we know. >> we have our answer. so december 22nd, apparently
austin for failing to disclose his hospitalization. he was hospitalized on the 1st of january spending four days in the intensive care unit but president biden and other officials weren't notified about it until three days later. this morning, john kirby addressed the controversy on board air force one. >> there is no plans for anything other than for secretary austin to stay in the job and continuing the leadership that he's been exude, that he's been demonstrating. >> joining us now is courtney from the pentagon. also with us, monica alba. so, courtney, how did this happen? this is a major breach of protocol, isn't it? >> yes. the reality is we don't know how this happened. secretary austin, he had this elective procedure on december
update soon to see whether he's actually been released from the hospital. we don't know yet. but we also still don't know anything about the severity of his illness. what caused those complications. what that medical procedure was. and we don't have a good idea of why the white house and senior officials here in the pentagon were not notified that the secretary was hospitalized for about three days, jose. >> courtney, thank you so very much. so, monica, help us understand the white house position on this. it seems extraordinary that the commander in chief would not be informed about his secretary of defense's health issues for days. >> exactly, jose. it is really puzzling and there are officials here who are asking the same questions that we are. trying to get a better picture of what happened, what led to this massive communication breakdown but so far, we understand that the president really still has full trust and full confidence in his defense
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