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The Situation Room With Wolf Blitzer

challenge this. i think one of the big questions that goes across the maine case, as well as the colorado case, is the record that is established by these states in determining that the former president was engaged in insurrection. one of the things that the maine secretary of state pointed out in her finding was that the record made that factual finding. but there was no actual proceeding in maine. it was just based on her assessment of the facts as are in really the public record. different than the colorado case, where there was a trial. it was short, it was limited, but there was some sort of judicial proceeding. i think in some ways, one of the issues the supreme court may need to look at when these cases all eventually get up there is what factual record under section 3 of the 14th amendment of the constitution is required to determine that someone who might be determined ineligible under that provision actually engaged in insurrection. >> good point. andrew mccabe, what do you make

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The Situation Room With Wolf Blitzer

rhetoric. the courts are the right place for this. mr. trump's appeal today is appropriate. the attacks on me, my family, and my staff are not. >> have there been additional threats since then? >> i'm really not comfortable discussing my personal security, and i just want to express my appreciation for law enforcement and the good work that they have done in protecting me and the people around me, including those i love. >> totally understandable, maine secretary of state shenna bellows, thank you. we'll stay in close touch with you for sure. >> thank you. >> reaction from our legal and law enforcement experts who are with us. carrie cordero, what's your reaction to the arguments that trump's legal team is making in this appeal to get back on the ballot in maine? >> well, predictable that they're going to obviously

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The Situation Room With Wolf Blitzer

challenging the to remove him from the primary pal lot in maine based on the 14th amendment's insurrectionist ban. we'll speak live with maine's secretary of state, shen that bellows, in just a few moments. first are cnn's chief legal affairs correspondent, paula reid. what is trump's team arguing, and what happens next? >> reporter: now it's up to the main maine courts. the trump team is asking the court to overturn the decision by maine's secretary of state of c maine, shenthat bellows. she opted to remove trump from the ballot. if you don't like what the secretary of state says about your ballot eligibility, you can appeal that to the court system, which is what they've done here, asking them to overturn her decision. trump's team arguing, "the secretary was a biased decisionmaker who should have recused herself and had no local

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The Situation Room With Wolf Blitzer

of trump's argument that the maine secretary of state, we just heard her, was politically biased against him? >> i think that's probably the least-effective argument he'll make in the courts of this proceeding. the court is unlikely to take that into great consideration. the maine secretary of state serves i think at the discretion of the governor. she was appointed in her position. most folks in those positions have political affiliations. i don't think any of those indicators undermine her decision. but it's the questions of process, the questions of what is the sort of due process that he was entitled to in this -- according to what's happened in maine, and was that standard met? that's the more substantive and potential more effective argument. >> marcus quhild recess, in his appeal trump's attorneys write this. "section 3 of the 14th amendment to the constitution does not apply to president trump. he has never served as an officer of the united states and has never taken an oath to support the constitution."

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The Situation Room With Wolf Blitzer

removal from the republican primary ballot in maine. the secretary of state who made the decision to ban trump joins us with her reaction this hour. also breaking, another federal indictment of senator bob menendez, accusing the democrat of accepting bribes from a second foreign country. stand by for details on the new charges tied to an alleged corruption scheme that prosecutors say lasted for years. plus there's new audio of air traffic controllers giving instructions shortly before the fiery crash at a tokyo airport. what the recording reveals as the investigation gets under way. welcome to our viewers here in the united states and around the world. i'm wolf blitzer. you're in "the situation room." this is cnn breaking news. >> let's get right to the breaking news. donald trump formally

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The Situation Room With Wolf Blitzer

insurrection, and therefore, president trump's political speech was protected by the first amendment." madam secretary what do you make of that? >> i encourage people to read the decision, it's 34 pages, in its entirety. it's on the secretary of state's website. i did carefully consider all aspects of my decision, looking at first amendment considerations. but first and foremost, it's important to recognize the maine legislature has delegated to me as secretary of state the responsibility to ensure candidates who appear on the primary ballot qualify for the office they seek. section 3 of the 14th amendment is part of the constitution. it's not an option. it's a requirement. just as the other qualifications for president, like age or citizenship or not allowing someone like barack obama or george w. bush, who have served twice, to serve again. i did my duty, and we await the

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