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The clear is that the department of justice has already filed a motion to dismiss the first emoluments case. i should say these are cases brought under the emoluments clause of the constitution. basically, so, on friday the d.o.j. filed their motion to dismiss. so now a judge is going to have to decide on a couple of issues, whether the people who are seeing basically have the right to sue the president over this issue. >> there is a devastating quote early on in your piece about the president, i think i have this exactly right, his inveterate huxturism may be the -- >> i think what you mean w...

Constitution? >> chris, we've had -- we have a long and very distinguished history in the united states of the courts standing up to executive branch officers, including the president, when they act out of line. in the bush administration there was a tremendous amount of litigation against the executive branch under the president's direction relating to guantanamo, to holding on to prisoners. this is just as unconstitution am. there's a direct prohibition on what president trump is do in. and it is true that no court has ever directly ruled on an emoluments case. they haven't had to because no...

>> let's say some federal district court judge finds in your favorite, what would it mean for an article three judge to say, yes, the predent of the united states is in violation of the conition, mike, what is the remedy? has anyone done that before? has a federal cot declared a president in violation of the constitution? >> chris, we've had -- we have a long and very distinguished history in the united states of the courts standing up to executive branch officers, including the president, when they act out of line. in the bush administration there was a tremendous amount of litigation against...

Dan danny cevalos. so help us understand the rational from the judge in california. >> so e.c. will ask this court to throw this case out and send it to arbitration. that is a certainty. they've said as much. it is the only path to victory for e.c. and trump. and michael avenatti said we would like a jury trial and discovery and depositions on the issue of whether or not the parties agreed to arbitrate. it is a narrow issue, only two hours of depositions and we want discovery on that issue. and the court correctly read the law. technically before you can have discovery on the issue of whether ...