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and for those keeping score at home, it's two democratic appointees and one republican appointee who are hearing this case, which i think lends some optimism to the -- jack smith's team because of that makeup. it's also true, this argument for donald trump is a pretty extraordinary stretch. remember when we covered the mueller investigation. and there was much sdiscussion that there's is a justice department policy. not a law, but a policy, that says a sitting president should not be indicted. implicit in that policy, of course, he could be indicted later for something he did. that's...

people can be indicted a bunch of times and still run for office. a black man can't. you just learn to be good, and in the and you benefit from that extra resilience. >> coates: i want to get right into all this with attorney jeffrey toobin, he is the author of the nine inside the secret world of the supreme court. as well as home grown timothy mcvay, and the rise of homegrown extremism. jeffrey i'm glad you're here tonight. first of all take a step back with me. many people are wondering if tomorrow is the day that the appellate court will decide that trump committed an insurrection...

office, am ily right? >> sexist would say. that's terrible.>> very bad but all fairness a woman did write that joke. which is proof if you wante. something done you have to ask woman. [laughter] and she wrote it probably while watching one of her stupid soap operas. wow. >> get another sexist would say. >> i'll stop niki -- but that just pumped it upsa amazon a few. all right so if you've seen any. good movies lately and i don'tv- mean one that went viral ofs kilmeade and that alpaca but if you said no that is your fault you're racist sexist or even a homophobe.xist that's how actor ...

York prosecution that are scheduled to go to trial in march. >> coates: that's the hush money payment? >> the hush money payment involving stormy daniels. i think it would be a tough argument to make regarding the mar-a-lago documents case, because it seems like almost all the criminal conduct alleged there took place after he was president, in terms of hiding the documents. but, the stakes in this case, the one being argued tomorrow, are bigger than just the january 6th case, certainly the georgia case. >> coates: it is so true you think about just in our conversation, the number of times you...

Make in the mar-a-lago documents case. it seems like all of the criminal conduct alleged there took place after he was president. the stakes in this case, the one being argued tomorrow, are bigger than the january 6th case. >> just in our conversation, we have to clarify which case we're talking about when it relates to donald trump. this is mind-boggling to think. we talked about the carompariso with watergate and beyond. i feel like watergate was a kitten playing with yarn in the full scope of here. this court will look at not just nixon or clinton, but a range of issues. speaking of clinton...