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We want to learn from this. we want to make sure it doesn't happen again. >> given that this was so optimal as you said and given the commitment of the transparency that the administration has, how do you square that with the confidence that the president expresses in the secretary -- >> martha: okay. interesting exchange there. peter doocy asking can we believe anything that comes from this podium or the white house when we see this situation where the defense secretary is hospitalized for days and days and not even the president knows about it. we'll continue to cover that story as we get ne...

He will be there in the front row apparently, and he will be heavily watched. and he will be watching the three judges of the d.c. circuit as they hear the arguments on both sides of this contentious issue. >> and so, i mean -- does trump stand a chance in hell of his presidential immunity argument, actually winning over the d.c. court of appeals? >> there is a really important point. it doesn't have to prevail on these arguments to get a tactical victory here. the fact that the supreme court rejected jack smith's request to take this up without first going to the appellate court means that do...

The florida mar-a-lago related criminal prosecution, where she has been played, you know, slow ball. i think some people would call it death, while trying to keep that case from going anywhere. what we're see now and washing ten is very hopeful. to people who aren't lawyers, i think the speed at which courts move is mystifying, extremely slow. what we've seen in these last couple of weeks has been lightning speed, out of both of these courts. the court of appeals set the immunity argument on a fast schedule of quick oral arguments that happen on tuesday. you, know it's very interesting that th...

The immunity argument, if trump luzon loses it the d.c. circuit that's to the supreme court as well and it's good to hear that they're doing this on a -- basis but the political process continues. i do think that the strict constructionist, state rights justices, conservative justices, this colorado opinion was written for them. and even gorsuch has a decision that would support upholding the stage rights of colorado to run their elections, both federal and state, and to impose and to make decisions based on their interpretations of statutes and regulations. i think that gives the government, ...

Best. how long is this going to take and when does the judge get to put it back on a trial track? >> i agree with you, first of all. donald trump will lose his immunity argument. but let's play out the timing here. the argument in the court of appeals is set for tuesday. the court of appeals said they are going to rule quickly. let's assume they rule by february 1st. if that happens, he then has 45 days, ordinarily it's a 15 days, but because the united states is a party, he then has 45 days to ask for what we call on bonk review, meaning the entire court of appeals. that brings us into mid-ma...