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Anderson Cooper 360

won't. political violence is never ever acceptable in the united states. political violence. never, never, never. it has no place in a democracy. none. >> the former president for his part is campaigning in iowa where he said in so many words i know you are but what am i. >> joe biden is a threat to democracy. he is weaponnizing law enforcement for a high level election interference. that is why crooked joe is staging his pathetic fear mongering campaign event in pennsylvania today. >> joining us now, cnn senior supreme court analyst joan and chief legal affairs correspondent paula. so what can you tell us about the court's decision? >> it doesn't get any bigger than this. this issue arrives at a court that has been battered by scandals and controversial decisions like overturning roe v. wade. this will likely be the biggest test for chief justice john

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Anderson Cooper 360

away from that and try to be narrow. focus on the constitutional issues. whatever they say, they are the final word on interpreting the constitution. >> joan, you have been covering the supreme court for years. do you have a sense of what is going on behind the scenes of this decision? >> well you know, they came to the bench today for the first time in the new year and the first time since these cases had arrived and i was there in the courtroom. they handled for some early minutes. a lot of routine business. that is when they left the bench. took off the black robes and all sat around a conference table in a small room off the chambers of chief justice john roberts. and that is where they had to decide what were they going to do there. this is the first time they were meeting in person as all these filings had come in this week. and then, anderson, i have to say, it took several hours for them to announce what they were doing and i just wonder how much they struggled with whether they were going to already kind of narrow some of the issues or if they just

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Anderson Cooper 360

roberts. he will be under enormous pressure to build consensus behind the scenes after oral arguments to craft a decision that does not appear partisan. there have been a lot of question about partisanship around the court. so this is an enormous challenge for him. not only to decipher the constitutional questions. but as, to broadcast to the country and the world this is an organization that makes decisions based on the facts and the law. >> joan, what is the timing of how all this will play out? >> it will be very swift. the day for everyone to keep in mind is february 8th. that is when the court will hold oral arguments and everyone will hear what the nine justices ask. the oral arguments will be live streamed. they will hear from the parties all around and maybe the challengers, the trump voices. there might be other voices allowed in. by then, there will be an array of briefs coming in.

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Anderson Cooper 360

wanted to quickly get out as they did, taking the case and we will iron out some things later. i'm sure they saw this marching toward them. now they are ready to act swiftly on it and i think they realized the moment for them themselves. that however they rule, they will set a tone for how to regard democratic norms as we are on the eve of such an important set of primaries. then the ultimate election in november of this year. >> joan, paula, thanks. more perspective from karen and jennifer. and rick, author of the soon to be published new book, a real right to vote. how a constitutional amendment can safeguard american democracy. so, jennifer, you have oral arguments scheduled to begin february 8th. what does the timing look like to you? >> it is obvious the court wanted to jump in quickly. everyone is talking about the

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CNN News Central

dunk in the supreme court, and i have faith in them. people like kavanaugh who the president fought for, and who the president went through hell to get in place, and he'll step up. >> interesting to hear that. voters in illinois and massachusetts have file their own suits, and in oregon, that decision is pending, and it could come at any moment, and joan biskupic is here, and paula reid is here as well, and paula, standby, and joan, lay out what the justices are doing, and what we are expecting to hear from them, and maybe when. >> sure. i was just up there at 10:00 when they all took the bench, all nine of them for the first session together since the start of the year and since all of the trump controversies broke. they handled scores of routine bar admissions, and that process took ten minutes, and they left the bench, and starting to shed the robes, and they are meeting in a private conference, just the nine of them, and looking at the cases pending on recent

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The Situation Room With Wolf Blitzer

expressed. however, again, when i talk to his legal team, when i talk to his advisers, they do ex princess confidence when it comes to whether or not donald trump will be on the ballot in all 50 states. >> we shall see. paula, the trump team also says this is a voters' rights issue. what can you tell us about that argument and whether the supreme court would be sympathetic to it? >> yeah, they argue this would be the first time that the judiciary would take away from voters their ability to vote for a party's leading candidate. it is an argument that is sympathetic not only in the court of public opinion but possibly at the high court. it seems unlikely they would want to wrestle from voters their choice, especially on something as significant as this. but, again, it is unclear which questions they're going to weigh in on and how they're going to rule. we do expect though that they will try to decide this narrowly and in a way where there is consensus to avoid the appearance of partisanship. >> it is interesting, joan, that the justices laid out a very fast timeline with oral arguments beginning one month

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The Situation Room With Wolf Blitzer

>> well, i know everyone on this panel is going to be eager to read these briefs. what are the arguments? we know generally what the two sides will argue because, again, this has been litigated across multiple states through colorado, through maine, but it will be really interesting to see how they layout their theory of the case, the questions that they will present and answers that they hope the court will give them. i think we have a good sense of what they'll say, but, man, that oral argument date on february 8th, that is going to be a historic oral argument at the high court. each justice will be under enormous scrutiny, and then in the days following the oral argument it will be up to chief justice john roberts. this is likely going to be the biggest test of his career to try to build a consensus, to try to come up with an opinion that, again, serves the interests of the country and the constitution without appearing to tip his hand politically. >> to that point, joan, what position does this put the three trump appointed justices in? >> well, i would distinguish the

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CNN News Central

2021, it was not insurrection and president trump in no way engaged in insurrection. so how will the supreme court respond? the 2024 election and dozens of criminal charges are all hanging in the balance. joan is leading us off here. what more are trump's lawyers arguing here, and in the end isn't it likely that the supreme court is going to take up this case because you don't just have colorado, there are other states that have made rulings on this. >> good morning, sara, you're right. we have donald trump's filing last night and he argues, as you say, that he did not engage in insurrection but he says that this provision in dispute of the constitution, the 14th amendment, section 3, that says that anyone who held office, took an oath to uphold the constitution then engaged in insurrection should never be

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CNN News Central

are that. the supreme court generally likes to rule as narrowly as possible but also atz broad an effected as possible. looking at the colorado case, if they take the case, i agree with joan it's likely, not certain, but very likely they take this case. there's two ways to go in terms of how broadly they rule. they can if they want rule narrowly as to colorado. the ruling would read something like yes, the states do you have the ability to administer the 14th amendment themselves and yes or no colorado did or did not do that in a constitutional way therefore the ruling would fall or rise. but that would leave us to questions with other states, what happened with maine? did they do it correctly? option b, they can say the president is not an officer for purposes of the 14th amendment or it's up to congress not the individual states. if they rule that way it answers colorado and the other states. so if i had to guess, i would guess towards the latter because i don't think they want to

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CNN This Morning

he would not want artificial intelligence to encroach on that or to manipulate the courts. one thing that john roberts is all about is the integrity of the federal judiciary, especially the supreme court itself. and artificial intelligence, as we have seen, can be manipulated, can mislead and he wanted to warn that it could happen right there in the nation's courts. >> joan, what i hear you saying is that this is something that lawyers are using for everyday paperwork, right? michael cohen filed a paperwork and unwittingly sent a nonexistent case citations because they had been generated by a chat bot tool google bard. it sounds like there are enough of them that the supreme court chief is worried. >> you don't. and what that was all about -- let me tell you why citations are important, audi and phil. the law is based on precedent. when you make an argument to any court, you have to cite past cases. you want those cases to support

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