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several law enforcement officials later dying of suicide. in court, trump and his lawyers are claiming that he cannot be charged because of presidential immunity, but at least one of the judges, florence pan, tried to put their argument to something of a stress test. >> could a president who ordered seal team six to assassinate political rival who was not impeached, be subject to criminal prosecution? >> if he were impeached and convicted first. my answer is qualified yes. there's a political process that would have to occur. >> the answer was no. that person would not be prosecutable. to translate that, trump's lawyers are arguing trump as president could order an assassination of a political rival using seal team six without prosecution unless he's
convicted first -- >> so your answer is no? >> my answer is qualified yes. there is a political process that have to occur under the structure or contribution from the senate. the president has to look over his shoulder herschel to every time here she has to make a controversial decision before or after i leave office, and one itself of this, and my political opponents take power, that inevitably dampens the ability of the president. >> reporter: well, i'd argue that, yes. a president should look over his or her shoulder, and should think twice before committing a potentially criminal act. we don't need to use very much creativity at all to determine what an immune, vindicated, donald trump might be capable of in a potential second term, without going as far as judge pan did in her hypothetical of ordering it seem till six to murder a political rival. we've already seen donald trump attempt to pressure the department of justice to declare the election results corrupt. we've already seen a trump attempt to pressure election officials to, quote, find more votes, as he did with the
horrific trauma of that day -- [ screaming ] >> -- several law enforcement officials later dying by suicide. in court, trump and his lawyers are claiming that he cannot be charged because of presidential immunity, but at least one of the judges, florence pan, tried to put their argument to something of a stress test. >> could a president who ordered seal team 6 to assassinate a political rival who was not impeached, could he be subject to criminal prosecution? >> if he were impeached and convicted first. >> so your answer is no. >> my answer is qualified yes. there's a political process that would have to occur. >> the answer was no. that person would not be prosecutable. to translate that, trump's lawyers are arguing trump as president could order an assassination of a political rival using seal team 6 without
committed while that president was in office. now, the judges were skeptical because this would mean a president could, say, take bribes to issue pardons or order a military assassination of a political rival and never face prosecution. here's an exchange between judge florence pan and donald trump's lawyer, john sour. >> could a president who ordered seal team to assassinate a political rival, who is not impeached, maybe be subject to crina prosecution? >> if you are impeached and convicted first. >> so your answer is no. >> my answer isalified yes. >> >> i've asked u.s. series of hypotheticals about criminal actions that could be taken by a president and could be considered official acts, and have asked you, would such a president be subject to criminal prosecution if he's not impeached or convicted? your answer is --
five year bands on eric anthony doing business in the state, do you see any parallels with this case, and that which he prosecuted against him? >> this is a much larger version of the same thing, but there are a lot of similarities in terms of going up against them, the stonewalling that you face, the consistent idea they did nothing wrong. but counterattacks. his whole playbook is running at the same way. at the end of the day, they were lying to his own fans and the trump university case. it's effectively what they were doing. here, they were lying to banks. either way, it's a violation of the same statue that was used in trump university is being used today. executive law 60 3:12. and just as we believe he was liable in that one, you know, it really looks like he's liable for this one. >> since we look at his d.c. immunity appeal, we have been playing the sound, this of the judge, pan, asking a trump lawyer, a hypothetical question. it goes like this. if he orders seal team six to
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throw out dawn trump's claims really quickly, and trump has always been hoping united states supreme court will get that case and stopped his trial pending it. i'm just not sure that's right. there is so little to trump's claims that it is perfectly plausible to think u.s. supreme court's not gonna hear the case and not going to delay trump's trial. so much fourth or thereabouts can still occur. >> andrew, what do you still see when you have this trial calendar? >> the same reaction as neal listening to the argument, and particularly judge pan take apart the argument. many ways just getting the lawyer to actually say what they are arguing because it was so preposterous. so the more that argument went on, the more you thought, i think, as neal does that the odds of the supreme court saying, you know what?