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that didn't sound like a winning argument. >> no, i don't think it was. but i also think that, you know, getting into the areas of hypotheticals around, you know, what a president could or couldn't do is a pretty dangerous path toward the interpretation if of the actual law in these cases. you have, i think, a verier respond approach to the conversation around this -- very very irresponsible approach, because a lot of people are trying to find a path to get where they want to go as opposed to looking at the law and what's required of it in terms of the context at the time and what was meant by actual insurrection at the time of the 14th amendment. i think that's something that's too important to skip over, and it's one of the reasons why i believe we're going to see the supreme court weigh in on this and a number of key questions before the actual election happens. howard: right. i will be stunned if the supreme court allows donald trump to be kicked off of ballots in colorado and any other state. but, kevin, as some news outlets have noted, trump's lawyers say he can't be criminally charged unless he's first impeached and

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says, we know he's going to tell the truth. howard: biden says he's part of the family. >> that's exactly right. i think the white house might look at this as if they don't believe it's going to sway any of the president's base right now. i think they think he's likely being treated unfair fairly the same way former president trump's base thinks he's being treated unfairly. howard: jill biden telling msnbc that the republicans are being cruel to her son. finally, the next day hunter biden goes to l. l.a. and pleads not guilty in an arraignment on these felony tax evasion charges. how much do you think this might hurt his father's campaign? or is this public sympathy for him as a ever covering ad district? >> that's interesting. i find it most fascinating when you look at the contempt of congress charge that's potentially going to happen, that's small beans compared to these tax charges out in california. those are three felonies. i don't know that he wants this on top of what he's dealing with in california. the white house has said though

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the coverage. the new yorker cover with donald trump portray thed as a metal-wearing, goose-stepping nazi e soldier. trump continues to dominate the coverage as he did by doing an iowa town hall with fox news overshadowing at the same hour the ron desantis-nikki haley slug fest on cnn. and the former president generated wall the wall coverage by showing up in washington on his claim of immunity for actions in office; namely, challenging the last election. >> trump's presence in that courtroom which took him off the campaign trail just days before the iowa caucuses underscored the vindictiveness of the lawfare if being waged against him. >> why's he in court instead of campaigning? because donald trump being in court is the greatest bully pulpit for him where he can plaw fake. howard: trump wasn't required to be in court then or on thursday when he denounced the judge in his new york civil fraud trial,

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they still didn't go after the overthemming front-runner? >> you know what? i think they have been -- i think they might have benefited from putting more focus on that, howie. and one of the things i think is interesting in that des moines register poll is the enthusiasm gauge. ann seltzer, who we all know is a longtime lead pollster for the des moines register, she called the hack of enthusiasm for haley jaw-dropping in these numbers. and, you know, there is obviously enthusiasm when you go to these different events for these candidates. they're both very solid, you know, very solid candidates and potential nominees. howard: yeah. >> but there is nothing like being in a room where the whole room is very supportive of trump. he gets a different level of enthusiasm, a different level of passion from his voters. and i think that's kind of what we're picking up here in this des moines register poll. but, of course, the ultimate move happens tomorrow night. howard: and all the candidates, including trump, will have the challenge of getting their voters out.

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>> do trump's lawyers really think that the courts will buy an argument that he can shoot someone on fifth avenue as president and just get away with it? howard: when the ex-president was speaking to reporters outside the d.c. courthouse, cnn and msnbc cut away. >> there'll be bedlam in the country, it's a very bad thing. it's a very bad precedent -- >> a few fact check es and reality statements on what you're hearing there. there is no evidence of voter fraud if. howard: donald trump still wants the media to carry his immunity argument including unsubstantiated alleges. >> -- allegations. >> a president of the united states has weaponized the department of justice as though we were a third world country or a banana republic, and if i don't get it, then joe biden doesn't get it. and his list of crimes is too long to talk about. howard: joining us now to analyze the coverage, ben domenech, editor at large at the spectator, and kevin corke, fox

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political violence is never acceptable? >> well, of course that's right. and, of course, i'm the one that had very little of it. i think bedlam is joe biden. i think that he's using this. this is just a political ploy. trump is a dictator. and the press picks it up. so i said i'm going to be a dictator for one day. they cut it. they go, i'm going to be a dictator. but they cut the rest of the sentence. >> how much a second term of a donald trump presidency, second term, would be about retribution and looking backwards and grievances, and how much would be booking -- looking forward? >> we're going to make this country so successful again, i'm not going to have time for retribution. [cheers and applause] howard: the tone was far different on cnn as the other two candidates traded insults. >> when you need someone to stand and fight for you, don't look for nikki haley. you won't be able to find her if you had a search warrant. >> he's spent more time trying to lie about me than he is about telling the truth about himself. you've got $150 million, you've gone down in the polls in iowa.

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convicted. but his attorney said quite the opposite in his last impeachment trial saying, well, this is the a political process, but he could certainly be pursued by law enforcement. so which is it? [laughter] >> well, that's a good question. [laughter] lawyers can find a way. there you go. listen, ultimately they're make a strong argument which is unless you really want -- and you heard jessie say it in your montage, unless you want to open up pandora's box, be super careful about what you can charge a former president is. it is to say be careful what you wish for as we've seen play out i think of the old harry reid, you know, 51 versus 60, be careful. decisions made today can have lasting impact, and i think the courts will probably consider that. howard: right. there is a legitimate debate about setting a precedent for future presidents. you know, the other, the civil fraud trial hearing in new york, trump did get to speak, and he insulted the judge to his face.

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CNN NewsNight With Abby Phillip

monitor this storm on cnn and the effects of it. continue to watch here. and thank you for joining us tonight. that news will now continue with cnn used tonight with abby philip. >> donald trump has left many of legal excuses and his knew what might just take the cake. that's tonight on news night. ♪ ♪ ♪ good evening, i'm abby philip in new york. raindrops on roses, whiskers on kittens. immunity on matters? donald trump lost a few of his favorite reasons why he's not a criminal. at this point, trump is a collector of defenses like some people collect pokémon. but there is almost too much account at this point. and trust us, we tried. he says he's immune. presidents can't obstruct justice. his intent wasn't corrupt.

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from which this nation might never recover. >> it's the opening of a pandora's box. it's a very sad thing that's happened with this whole situation. when they talk about a threat to democracy, that's your real threat to democracy. >> today, trump's lawyers talked a lot about their newest race and what he's not guilty of anything at all. and it's blanket immunity. and they took it to extremes about what it would allow a president to do. >> i asked you a yes or no question. could a price again who ordered seal team six to assassinate a political rival, who was not come paged, would he be subject to criminal prosecution? >> if he were impeached and convicted first -- >> so your answer is no. >> my answer is qualified, yes. >> but let's be real. as any of this even legal theory? do trump's lawyers really think

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elected, from taking office. a coup such as we have never experienced. an act of sedition. there is a narrative to this case, that donald trump and those around him, do not want to see explored. because if it is explored, if it is made public, if it is done tick top, one hour after the other, if we see how he obstructed that election on january 6th, how he prepared in the months before to obstruct that election, we will get a picture of criminality of a president of the united states such as we have never seen in our history. trump knows that. his lower. the 14 republican floors who filed an amicus brief, some of whom have been on the network today, who filed a brief against trump, they know this. that know the strength of this case. this case is much more important than the others, because if it occurs before the election, then we have the full

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