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Anderson Cooper 360

for another day, and decide here there's just no question. >> the attorneys for trump argued something different after the, during the second impeachment after the insurrection. i want to play youou some of w t was said in court. >> there is a quote in the congressional record, in which your council, i'm sorry your client said through council, no former officeholder is immune from the destination and prosecution. >> investigation is what -- well, that may be true -- but as to the principal officer, the president, he is immune unless he is impeached and convicted. and again it comes back to. -- >> but he was the president at the time, and his position was that no former officeholder is immune. and in fact, the argument was there is no need to vote for an impeachment, because we have this backstop, this criminal prosecution, and it seems that many senators relied on that, to voting to acquit. >> it -- i mean look, it, i was -- chief of staff 100 years ago, right. in the clinton administration, during the clinton impeachment, my former boss had an op-ed that ran in the new york times that said, we don't need to

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The Last Word With Lawrence ODonnell

because he could be arrested and prosecuted by the department of justice, and he added, doj knows what to do with a person like him. and so i believe it was judge pan who highlighted the inconsistency between that and what john sauer was arguing that only if he were impeached and convicted in the senate trial would doj be permitted to prosecute him for the crimes he committed in office. and basically all john sauer said after mumbling a latin phrase, was, i didn't say that. that was another lawyer. >> that was judge pan. she read from the congressional record transcript of the trial with trump's lawyer in the trial saying, no former officeholder is immune from investigation and prosecution, which is a key point there. i want to listen to more of judge pan. this is where she is saying the whole argument, the entire

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Trump Immunity Appeal

through investigation of prosecution. >> investigation is no prosecution. that may be true of subordinate office, but as to the president, he is immune unless he is impeached and convicted. >> he was president at the time, and the position is that no present officeholder is immune, and in fact, the argument was that there is no need to vote for impeachment because we have this backstop which is criminal prosecution, and it seems that many senators rely than in voting to acquit. >> and that belies speculation, because the statement of, i think that the court lacks the ability to read into what motivated the senator's votes in the impeachment process -- >> i think that the question that judge henderson is asking you is that you took the position or your client did in the impeachment proceedings that there would be an option for criminal prosecution later, and it is in the congressional

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Trump Immunity Appeal

congress at that time. >> let me ask you, with the concessions made in the first impeachment proceeding and then in trump v. vance that impeachment should be stayed and waited until he shout of office when he would be subject to viability. >> as to trump v. vance, it is a purely private conduct and that involved pre-tax conduct that predated his time in office and that is purely private condublgt and subject to prosecution is correct, but as for the impeachment brief they have cited in briefs is what that said is that we have a judicial process in the country, period. we have investigative process in country to which no further officer is immune, and it did not say that you could raise the immunity defense -- >> sorry, but there is a your client said through counsel no former officeholder is immune

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Trump Immunity Appeal

questions of immunity in criminal context. i tend to agree with my friend on the other side that in many respects it does reinforce the nature of the fitzgerald outer perimeter standard saying that you don't look at intent or you don't look at purpose, because content is playing a role of the content of communications, and the signature change is the acknowledgment of the looking at a president whether that president is acting in his or her role as office seeker or officeholder. again, to go back to my response to judge childs' question, although it would change the nature of whether or may change the nature of whether certain things are or are not certain acts in the indictment, we think it is entirely the wrong paradigm to use, and in fact, it would be inconsistent with the fitzgerald's reasoning, and also, irreconcilable with the way that criminal law works. to say that we won't take

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Laura Coates Live

actually citizens. one >> point, though, krista kafer, it ought to be a t-shirt. it would be great if congress would act. i just think that should be a sweatshirt, a t-shirt. -- i don't know if that's happening, but there you go. the second point -- actually will remain on the primary ballot, as all this is coming. out if the court finds him ineligible, the -- won't count. but this is a lot of ifs, right? they are going to preserve -- beyond this ballot, obviously moved to administrative action of actually pointing the ballots out and getting out there. are you worried it would provoke his supporters, possibly, to act in a way to suggest that they think this is the courts trying to remove their ability to elect a candidate of their choosing? >> it's not the courts. it's a constitution. the constitution clearly says that if an officeholder who's taken an oath to the constitution decides to go instead of, if you seek insurrection, to try to stop the peaceful transfer of power,

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Laura Coates Live

i just think that would be a sweat sweatshirt, tshirt, hat. on the second point trump will actually remain on the priernl ballot as this is playing out and if the court finds him eligible any votes cast for him then won't count. but this is a lot of ifs, right? they're going to preserve his ability to be on this ballot. obviously there's the administrative action of actually printing the ballots out and getting it out there. are you worried that it will provoke his supporters possibly to act in a way to suggest that they think this is the courts trying to remove their ability to elect a candidate of their choosing? >> well, it's not the courts. it's the constitution. and the constitution clearly says that if an officeholder who has taken an oaoath t to the constitutionon decides to go against that o oath and to s se ininsurrectionon to try to stot peacefulul transfer ofof power person's just not eligible. now, i really do want the court to act swiftly. and we're nonot the only ones tt

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I am worth Sh300m – DPP nominee Ingonga

If successful, Ingonga will become the third officeholder under the Constitution

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Hannity

get rid of shokin and documents and devon archer confirm it and was shokin was scanned, the probe vanished magically overnight and then the cash continue to flow to hunter. it doesn't matter if joe received a penny because under the law if the money goes to another person or anyone other than the officeholder, that is still bribery and that is an impeachable event. >> sean: all right, gregg jarrett, miranda. thank you very much. we appreciate it. joining us now, fox news contributor kellyanne conway. former advisor to president trump, stephen miller. kellyanne, 31% approval rating for joe. 77% of americans think this guy is too old and checked out to be president. and by the way, this story about the joe biden bribery money laundering scandal allegations, that story has yet to hit the main artery of the body politic in america. i can imagine at some point even

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Anderson Cooper 360

they'll make light of it. maybe some people will make light of it, but they are going to appropriate it. they are going to embrace it, and they are going to use it as -- as the ultimate example of his entire campaign, which is they're out to get me. it doesn't make it right. it doesn't make it accurate. it just makes it a very, very potent political tool and weapon that he very much intends to use. >> go ahead. >> we've already seen trump's allies, you know, marjorie taylor greene they're making their own fake mug shots using it as a badge of honor. but i think about the whole pattern of, you know, facts that we're talking about here, which is a former president, officeholder, top officeholder in this country trying to hold onto power and trying to do it by any means necessary doing so in a way that led to multiple

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