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dernberger when talking about immunity is which a appellant jurisdiction of collateral order are in theory. >> and other circuits, 1st, 2nd and 10th are following that thinking of midland and asphalt which follow the explicit constitutional statutory language that says you cannot be tried. >> two, in cases like cisnernos, this court has spoken otherwise, but nonetheless, one there is the 1st circuit of joseph where a judge is seeking a criminal, or raising an immunity defense to a criminal prosecution as this court acknowledged in both i believe rostenkowski and durrenberger and the court talked about claiborne and hastings which are 9th and 11th circuit cases noted that with personal immunity like that, it is different than the
within the president's functions and what is not within the president's functions, and whether he was acting as president or whether he was acting as somebody seeking the office as a campaign official. very similar to a prior case they decided, and also to the judge's case in the 11th circuit dealing with mark meadows. that would entail, if they did that and it went back to judge chutkan for that fact finding, that's more delay in the case, at least potentially. the second thing that was interesting is they opened their questioning on the supreme court's case called midland, and that case had to do with whether this is really a proper appeal at this point, because the normal issues as lisa and chuck know well, in a criminal case you wait until the end of the case to have these kinds of appeals, and there's a limited
jurisdiction. >> on the issue of immunity, midland at fault still applies, that's what you're making your distinction. >> right. it says most separation of powers claims may not be subject to interlocutory view, but there are some that may. it expressly contemplates interlocutory jurisdiction in this claim. in situations where the court said, look, there's a speech and debate claim and another claim that is closely akin to such a claim. >> again, about explicit, because in the double jeopardy trial scenario you have twice put in jeopardy, so you cannot be tried again in that regard. then in the speech and debate,
MIDLAND, Mich. - The Michigan Supreme Court is dealing another blow to the state.Justices are denying the latest appeal dealing with the Midland County dam fail