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Relevant than it usually is in a given case. because if he's elected, or a republican is elected they would issue a pardon in the case. so, that's one court that has some meaning here. in terms of the allegations of selected prosecution, it's unlikely a jury will hear those arguments. those motions are routinely denied. i've brought a couple of those, they are very hard to get a court to take seriously. they don't like looking at the motivations of the government, they say look, don't get to us on motivation, just tell me, is there a basis here for a charge. so the jury itself is not likely to...

They're presumed innocent and we just have to see how the criminal case unfolds. but under michigan law, much like under federal criminal law, there are what we call sentencing guidelines that would help dictate what a particular sentence might be in a given case. and while it could be a consecutive sentence, i'm not necessarily certain that that would be the case here, assuming that there were convictions. >> very serious charges here, a very serious case with a lot of details. again, one of the most astounding press conferences i've seen from a prosecutor, at least in recent history. tom and...

Don't move in the other direction, demand cameras, demand more transparency. >> when you look at what justice alito said, and it really echoed in a lot of ways what republicans were saying at the hearing last week that was focused on this idea of the supposed abuse of the supreme court's shadow docket, these are things that the court generally does without explanation, might not even tell you which justices voted in which way on a given case and increasingly, what's happened is a lot of these things that have been done using the shadow docket have been very significant and i think the texas ab...

Congress, attacking the courts, attacking the free press. we want to hand down -- i want to hand down this country as democratic with a small "d" after this administration as before it. that's our goal. >> so i want to ask you about the at&t, which you raised, right? obviously now the parent of cnn. according to a report today, the president pressured gary cohn, who was then his chief economic adviser, director of the nac, to tell the justice department to block the merger between at&t and time warner. what will you do about that, if that is true? if there's actually proof that happened? >> th...

The supreme court justices i've talked to says every time a new justice arrives, the dynamics within the court changed somehow. sometimes in unpredictable ways. how do you think brett kavanaugh will change this court? >> i think that's right. even if his vote on a given case would be exactly the same as justice kennedy, the seat he's filling, would have done. in terms of which area of law he's most interested or expert in like administrative law. pushing back on the executive state or constitutional structure. kennedy wasn't necessarily focused on those things. so maybe he will write more in t...