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coney barrett. she was asking what happens if a doctor what reached the conclusion of good faith that an abortion was medically necessary, but prosecutors disagreed. would they be prosecuted under the idaho law asking questions like that, which sort of goes to the very heart of why this is such an issue, obviously, first and foremost, policy-wise. but also politically across the country, because these are questions being asked in courts of law in legislatures that have to do mostly with how a doctor and a patient view in this case, a very dire situation that doesn't necessarily just mean, will i save the life of a mother, but will i save? the mother's ability to have children again, if she wants to. >> yeah, exactly. that. that specific hypothetical was brought up by another justice and you've really hit on one of the key exchanges here about the fact that idaho is suggesting that really doctor's judgment may be subject to the judgment of a prosecutor. that's what amy coney barrett was getting out t
coney barrett. she was asking what happens if a doctor what reached the conclusion of good faith that an abortion was medically necessary, but prosecutors disagreed. would they be prosecuted under the idaho law asking questions like that, which sort of goes to the very heart of why this is such an issue, obviously, first and foremost, policy-wise. but also politically across the country, because these are questions being asked in courts of law in legislatures that have to do mostly with how a...
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. >> there was a lightning round of questions in which justice amy coney barrett, a trump appointee, got trump's attorney to concede that the indictment and lists acts by donald trump allegations of behavior that would not be covered by presidential immunity because they were private acts take a listen petitioner turned to a private attorney, was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results private, as we dispute the allegation by sounds private took sounds private. >> sinner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations to support a challenge so sounds private three private actors to attorneys, including those mentioned above, and a political consultant helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding and petitioner and a coconspirator attorney directed that effort you ready to quickly i believe that's private joshua, what do you make of that concession? >>
. >> there was a lightning round of questions in which justice amy coney barrett, a trump appointee, got trump's attorney to concede that the indictment and lists acts by donald trump allegations of behavior that would not be covered by presidential immunity because they were private acts take a listen petitioner turned to a private attorney, was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results private, as we dispute the...
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i'm gonna read it. >> it's the questioning from justice amy coney barrett, and it's interesting because she pushed the idaho attorney joshua turner over when doctors could be criminally prosecuted for performing an abortion under state law. >> and she's making an interesting point here, because really it was the liberals who dominated most of turner's arguments their questioning. but she asked him whether if a doctor reached the conclusion in good faith that an abortion was medically necessary, but prosecutors disagreed. could they be prosecuted under idaho law? right. what is the prosecutor thought and i'm quoting her now. well, i don't think any good faith doctor would draw that conclusion. i'm going to put on my expert turner responded saying that you're honor, is the nature of prosecutorial discretion, and it may result in a case. i think he might have missed the point she was trying to make. she's raising concerns that if they agree with his side, your doctor's could potentially be prosecuted at the discretion of lawyers and he didn't defend his position very well. >> yeah. and san
i'm gonna read it. >> it's the questioning from justice amy coney barrett, and it's interesting because she pushed the idaho attorney joshua turner over when doctors could be criminally prosecuted for performing an abortion under state law. >> and she's making an interesting point here, because really it was the liberals who dominated most of turner's arguments their questioning. but she asked him whether if a doctor reached the conclusion in good faith that an abortion was...
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this was an exchange with amy coney barrett, one of the trump appointees on the court and trump's lawyer watch petitioner turn to a private attorney, was willing to spread knowingly, false claims of election fraud to spearhead is challenges to the election results. >> private as much. i mean, we just moved the allegation, but sounds private. two sounds private petitioner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations to support a challenge. >> sounds private three private actors to attorneys, including those mentioned above& a political consultant helped implement a plan to submit fraudulent slates of presidential electors to obstruct the certification jim proceeding and petitioner and a coconspirator attorney directed that effort you write it quickly. i believe that it's private that's seems to answer a lot. >> there it does, casey and that is the genesis of the concern, right? you have to now parse out. is they have private conduct from presidential conduct and then, you know, this sort of, t
this was an exchange with amy coney barrett, one of the trump appointees on the court and trump's lawyer watch petitioner turn to a private attorney, was willing to spread knowingly, false claims of election fraud to spearhead is challenges to the election results. >> private as much. i mean, we just moved the allegation, but sounds private. two sounds private petitioner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that...
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coney barrett? >> all right. who seemed to kind of agree with that in the sense that these are questions a jury could answer. >> yes. i mean, i think that's what's going to happen. but the problem is the whole framing around official immunity that's in a civil case, not a criminal case so they took trump's framing of this question and then they're running with it and that is going to cause enormous delay and confusion. they mentioned the state cases and georgia in new york so if i'm a lawyer in those cases, i'm going to bring that up. so the problem is they had a statesman like option which has said the president is not immune. and they didn't choose it. >> we'll see what this ruling looks like when we actually get it coming up. we're gonna go back to anderson in new york and what we're learning from the transcript, the full quotes of what happened today and that manhattan courtroom, john berman is going to be with us with some of the biggest moment from today's testimony does it like a snack if all
coney barrett? >> all right. who seemed to kind of agree with that in the sense that these are questions a jury could answer. >> yes. i mean, i think that's what's going to happen. but the problem is the whole framing around official immunity that's in a civil case, not a criminal case so they took trump's framing of this question and then they're running with it and that is going to cause enormous delay and confusion. they mentioned the state cases and georgia in new york so if i'm...
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even some of the conservatives who are in the middle of the court, like rick kavanaugh and amy coney barrett, they seem to be a little concern there, but bottom line, the justices have already allowed this idaho ban to take effect. >> joan biskupic really intense arguments before the court. we appreciate you bringing us up to speed. let's turn now to jessica levenson. she's a law professor at loyola law school, also the host of the passing judgment podcast thanks so much for being with us, jessica, i am curious to get your perspective on the fact that idaho's attorneys are viewed that this federal reading of the law doesn't conflict with the state's law. the federal government through the solicitor general, argued that there is a conflict even though it is narrow where do you come down on this? >> well, i think this is exactly what you have to argue either if you're the government, the federal government's attorney, or the state government's attorney because that's what it all comes down to. yes. this case is all about abortion. and yes, we are back here talking about abortion after
even some of the conservatives who are in the middle of the court, like rick kavanaugh and amy coney barrett, they seem to be a little concern there, but bottom line, the justices have already allowed this idaho ban to take effect. >> joan biskupic really intense arguments before the court. we appreciate you bringing us up to speed. let's turn now to jessica levenson. she's a law professor at loyola law school, also the host of the passing judgment podcast thanks so much for being with...
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i mean, i think we heard justice amy coney barrett really, i think picking up on the dear of sediments back to the trial court, put in private acts on the prosecutorial side of the line. she even got trump's lawyer to concede. yeah. i see. let me interrupt. let me interrupt right there. just to play that soundbite so you can then explain it better to us if we could run sought 11 with justice amy coney barrett you concede the private acts, don't get immunity. >> we do. okay. and i want to know if you agree or disagree about the characterization of these acts is private petitioner turn to a private attorney was willing to spread knowingly false claims election fraud to spearhead is challenges to the election results. private as i want to jamming, we distribute the allegation, but sounds private it sounds private. petitioner conspired with another private attorney who caused the file blinken court of a verification signed by petitioner that contain false allegations to support a challenge. >> so sounds private. >> three private actors to attorneys, including those mentioned above and a po
i mean, i think we heard justice amy coney barrett really, i think picking up on the dear of sediments back to the trial court, put in private acts on the prosecutorial side of the line. she even got trump's lawyer to concede. yeah. i see. let me interrupt. let me interrupt right there. just to play that soundbite so you can then explain it better to us if we could run sought 11 with justice amy coney barrett you concede the private acts, don't get immunity. >> we do. okay. and i want to...
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conservative justice, amy coney barrett joined her liberal colleagues in pressing turner on the state's position and how it leaves doctors open to prosecution if they were exercising their medical judgment, they could in good faith, determined that life-saving care was necessary and that's my point. >> is this a subjects and dieters couldn't is some factors might reach a contrary conclusion, i think as well as sotomayor is asking you, so they reached if they reached the conclusion that the legislature there's doctors did would they be prosecuted under idaho law no. no. if they if they reached the conclusion that the doctor reynolds, dr. white, did that these were like what if the prosecutor thought differently? what if the press so cuter thought, well, i don't think any good faith doctor could draw that conclusion. i'm going to put on my expert and your honor, is the nature of prosecutorial discretion. >> justice barrett and chief justice john roberts had tough questions for both sides and could end up being the swing votes that determine the outcome elizabeth prayer longer argued for t
conservative justice, amy coney barrett joined her liberal colleagues in pressing turner on the state's position and how it leaves doctors open to prosecution if they were exercising their medical judgment, they could in good faith, determined that life-saving care was necessary and that's my point. >> is this a subjects and dieters couldn't is some factors might reach a contrary conclusion, i think as well as sotomayor is asking you, so they reached if they reached the conclusion that...
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i will nominate judge brett kavanaugh, judge amy coney, barrett >> in june of 2022, after nearly 50 years, the court struck down roe versus wade and trump, who is now trying to say that he doesn't support the strictest restrictions that have been exploding and red states across the country >> he has repeatedly >> bragged about how he made that possible. >> we ended roe v. wade, we terminate it. >> roe >> v. wade. >> i was able to terminate roe v. wade after 50 years of trying the results have been stories like this one told him the biden campaign ad, yes, but about a woman, a family who wanted their child wanted a child >> and were devastated by the consequences of the fall of roe the outfit she was gonna maybe where home from the hospital >> all >> this is the blanket that she would okay >> there's also kate cox. she's the texas woman who also desperately wanted a baby when she was told that her baby likely wouldn't live for more than a few days outside the womb. she sought an abortion to try to protect her ability to try again, to have a chance mild here's what she told nbc news and dec
i will nominate judge brett kavanaugh, judge amy coney, barrett >> in june of 2022, after nearly 50 years, the court struck down roe versus wade and trump, who is now trying to say that he doesn't support the strictest restrictions that have been exploding and red states across the country >> he has repeatedly >> bragged about how he made that possible. >> we ended roe v. wade, we terminate it. >> roe >> v. wade. >> i was able to terminate roe v. wade...
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coney barrett also had some tough questions for idaho's attorney who was making their case, josh turner. >> those too conservative justices, of course, will be key in how this is decided. at one point, just this barrett's in pretty frustrated that idaho's attorney hedged as she said, on whether or not his state's law allows doctors to exercise their own judgment i'm kind of shocked actually, because i thought your own expert had said below that these kinds of cases were covered and you're now saying they're not no, i'm not saying that that's just my point, your honors. we are hedging of injustice. sotomayor is asking you, would this be covered or not, and it was my understanding that the legislature's witnesses said that these would be covered. >> yeah. those dr.. said if they were exercised seeing their medical judgment, they could in good faith determined that life-saving care was necessary. and what if the prosecutor thought differently? what if the prosecutor thought, well, i don't think any good faith doc turca draw that conclusion. i'm going to put on my expert that your honor, is
coney barrett also had some tough questions for idaho's attorney who was making their case, josh turner. >> those too conservative justices, of course, will be key in how this is decided. at one point, just this barrett's in pretty frustrated that idaho's attorney hedged as she said, on whether or not his state's law allows doctors to exercise their own judgment i'm kind of shocked actually, because i thought your own expert had said below that these kinds of cases were covered and you're...
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. >> but in one exchange, that trump appointed to justice amy coney barrett. question was actually wasn't official act and what was a private act to benefit trump? >> petitioner turn to a private attorney, was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. private, as i want to jamming, we do speed the allegation, but sounds private. >> sounds private petitioner conspired with another private attorney who caused the filing and court of a verification signed by petitioner that contain false allegations this is support a challenge. so sounds brian three private actors to attorneys including those mentioned above, and a political consultant helped to implement a plan to submit fraudulent slates of presidential electors to obstruct the certification proceeding and petitioner and a coconspirator attorney directed that effort you ready quickly. i believe that private with b now is jack ray code. so that surprise winning author, historian and professor at stanford, he also signed onto an amicus briefs is
. >> but in one exchange, that trump appointed to justice amy coney barrett. question was actually wasn't official act and what was a private act to benefit trump? >> petitioner turn to a private attorney, was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. private, as i want to jamming, we do speed the allegation, but sounds private. >> sounds private petitioner conspired with another private attorney who caused...
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coney barrett. so i'm sure that he thinks he's going to get better shake from this court, then he might be getting up in manhattan, but we'll see the justices action to hear this case now, rather than earlier in the year special counsel jack smith's and urged the justices means that the federal trial here in dc was postponed from its original march start date, and john, i don't expect a ruling from the justices until late june. that's likely when it will come, and that will mean that any trial, if the justices dues say he is not he has no immunity here. any trial would not come until i'd say shortly before the election if it comes at all, biskupic for us in washington, john, thank you very much for that. the breaking news overnight indicted in arizona some of donald trump's closest allies. now charged for their efforts to overturn the results there, trump is labeled as coconspirator number one, we have new developments from there and violent confrontations with police overnight and protestors on col
coney barrett. so i'm sure that he thinks he's going to get better shake from this court, then he might be getting up in manhattan, but we'll see the justices action to hear this case now, rather than earlier in the year special counsel jack smith's and urged the justices means that the federal trial here in dc was postponed from its original march start date, and john, i don't expect a ruling from the justices until late june. that's likely when it will come, and that will mean that any trial,...
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coney barrett joined her liberal colleagues in pressing turner on the state's position and how it leaves doctors open to prosecution if they were exercising their medical judgment, they could in good faith, determined that lifesaving care was necessary and that's my point, is this a subject some dieters couldn't is some factors might reach a contrary conclusion, i think as well as sotomayor's asking you so they reached if they reached the conclusion that the legislature's doctors did, would they be prosecuted under idaho law no no. if they if they reached the conclusion that the doctor reynolds, dr. white, did that these were like what if the prosecutor thought differently? what if the prosecutor thought, well, i don't think any good faith, doctor could draw that the conclusion i'm going to put on my expert and that you're honore is the nature of prosecutorial discretion. justice barrett and chief justice john roberts had tough questions for both sides and could end up being the swing votes that determine the outcome. >> elizabeth prelogar argued for the government that idaho is subject
coney barrett joined her liberal colleagues in pressing turner on the state's position and how it leaves doctors open to prosecution if they were exercising their medical judgment, they could in good faith, determined that lifesaving care was necessary and that's my point, is this a subject some dieters couldn't is some factors might reach a contrary conclusion, i think as well as sotomayor's asking you so they reached if they reached the conclusion that the legislature's doctors did, would...
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so there was a key moment for you, the trump appointed justice amy coney barrett was in a back-and-forth with the former president's attorney and basically talking about this issue, got him to admit that a lot of the actions after the 2020 election, we're not official presidential duties, so this is the moment where some of this played out. let me play it i want to know if you agree or disagree about the characterization of these acts is private. petitioner turn to a private attorney was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. >> private shining, we dispute the allegation by the sounds private jet sounds private petitioner conspired with another private attorney who caused the filing& court of a verification signed by petitioner that contain false allegations to support a challenge. >> so sounds private. >> three private actors to attorneys, including those mentioned above and a political consultant helped implement a plan to submit fraudulent slates it's a presidential electors to obstruct the certification proceedin
so there was a key moment for you, the trump appointed justice amy coney barrett was in a back-and-forth with the former president's attorney and basically talking about this issue, got him to admit that a lot of the actions after the 2020 election, we're not official presidential duties, so this is the moment where some of this played out. let me play it i want to know if you agree or disagree about the characterization of these acts is private. petitioner turn to a private attorney was...
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amy coney barrett, who could be a swing vote that decides the case, getting trump's attorney to concede that some of trump's alleged actions were not part of his duties as president and would not be protected under an immunity claim. >> i want to know if you agree or disagree about the characterization of these acts is private petitioner turned to a private attorney, was willing to spread knowingly, false claims of election fraud to spearhead is challenges to the election results private, dining we dispute the allegation, but sounds private. >> other justices it seemed wary of opening the door to prosecuting feature president's after leaving office, i'm not concerned about this case, but i am concerned about future uses of the criminal law to target political opponents based on accusations about their motives will that not lead us into a cycle that destabilizes the functioning of our country is a democracy. and we can look around the world and find countries where we have seen this process, where the loser gets thrown in jail. >> the justices appear poised to send this case back down to
amy coney barrett, who could be a swing vote that decides the case, getting trump's attorney to concede that some of trump's alleged actions were not part of his duties as president and would not be protected under an immunity claim. >> i want to know if you agree or disagree about the characterization of these acts is private petitioner turned to a private attorney, was willing to spread knowingly, false claims of election fraud to spearhead is challenges to the election results private,...
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coney barrett in her questioning, their heading down the road, it seems to send this back for some type of evidentiary hearing with a standard that's somewhat subjective rather than objective. >> i think that's going to cause a lot of issues, not just because it gets the trial done, wrote every says, oh, they're going to send it back. it's going to kick the trial down the road. that's horrible because the country needs to see this trial fine. >> but i do think it makes the subjective analysis, if you will, allows for this long trial within the trial to make a determination is what's official act what's what's non official act? >> and therefore, the not the private acts or criminal when they use the analogy of the a core function of the presidency is making appointments, right? so you can't take a braille, right? in order to make an appointment? so you can appoint an attorney general for an illegal means of sending a letter that the pair attorney general wouldn't send because it was unlawful meaning that you can use it for four years. the first question the president united states asked
coney barrett in her questioning, their heading down the road, it seems to send this back for some type of evidentiary hearing with a standard that's somewhat subjective rather than objective. >> i think that's going to cause a lot of issues, not just because it gets the trial done, wrote every says, oh, they're going to send it back. it's going to kick the trial down the road. that's horrible because the country needs to see this trial fine. >> but i do think it makes the...
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but i think there's some real uncertainty about amy coney barrett and the chief justice, obviously the liberal justices it seemed to be in favor of what the government's arguing i you know, i think having i was just speaking before we started talking now, so i'm curious to see what cabinet asks the solicitor general but i think there's some unrtainty. there was a lot of focus on the federal conscience clause and whether doctors were required to perform abortions. if i'm taller would demand to stabilize medical carand the question of the status of e unborn child. the reference to that in the statute did come up with alito, which could have implications for person hood is the obligation equal to the unborn child and to the mother. but that's the only justice who's really talked about that issue. i thought there might have been more dcussion. they're very interesting ula, when will theine justices? sayyed this case, which could have major ramifications outside of idaho two. yeah absolutely. >> we expect much. are there major decisions will be revealed in late june, potentially even the ea
but i think there's some real uncertainty about amy coney barrett and the chief justice, obviously the liberal justices it seemed to be in favor of what the government's arguing i you know, i think having i was just speaking before we started talking now, so i'm curious to see what cabinet asks the solicitor general but i think there's some unrtainty. there was a lot of focus on the federal conscience clause and whether doctors were required to perform abortions. if i'm taller would demand to...
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coney barrett, the justice noted today, even fake paperwork that was just created for slates of electors that we're not alternate. >> they just were fake their fraud. >> you a little again, in 18, 76 rutherford b. hayes was elected president 20 in night, there's a long history this is a 1960, there's not a long history of multiple slates of fake electors, people who are not the legitimate electors representing the will of the voters in arizona, wisconsin, pennsylvania, and michigan chicken. >> well, again, what we're talking about is alternate slates of electors and you can characterize them as fake or not. >> but in cases where there are serious allegations of election fraud, this is the system that's been used throughout american history, probably most recently in the 1960 election when an alternate slate of electors from hawaii was seen he said, let me ask you this because if you believe that there are some private acts in here and some official acts in here, why didn't you ask the district court two months ago to suss that out? why wait and take it to the supreme court with this clai
coney barrett, the justice noted today, even fake paperwork that was just created for slates of electors that we're not alternate. >> they just were fake their fraud. >> you a little again, in 18, 76 rutherford b. hayes was elected president 20 in night, there's a long history this is a 1960, there's not a long history of multiple slates of fake electors, people who are not the legitimate electors representing the will of the voters in arizona, wisconsin, pennsylvania, and michigan...
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and there was a really important exchange between justice amy coney barrett, of course, appointed by trump, and trump's lawyer first, where she got them really for one of the first times to concede that some of the acts that are detailed in a special counsel's indictment really weren't part of trump's official job when he was in the white house. let's take a listen you can see the private acts don't get immunity we do. >> okay. and i want to know if you agree or disagree about the characterization of these acts is private petitioner turned to a private attorney, was willing to spread knowingly false claims of election fraud to spearhead is challenges to the election results. private dining would dispute the allegation, but sounds private. it sounds private petitioner conspired with another private attorney who caused the filing blinken chord of a verification signed by petitioner that contain false allegations to support a challenge. >> sounds bright. >> three private actors to attorneys, including those mentioned above, and a political consultant helped implement a plan to submit fr
and there was a really important exchange between justice amy coney barrett, of course, appointed by trump, and trump's lawyer first, where she got them really for one of the first times to concede that some of the acts that are detailed in a special counsel's indictment really weren't part of trump's official job when he was in the white house. let's take a listen you can see the private acts don't get immunity we do. >> okay. and i want to know if you agree or disagree about the...
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coney barrett, gave very clear signals that they are going to protect the republican presidential nominee from a trial before the november election on the charges that this poll and other polls show are the most serious is to the american people i mean, in practical terms, at almost any of the rulings that seemed possible out of that hearing are going to make it extremely difficult, if not impossible, for there to be a trial on whether trump tried to subvert the last election before he faces voters. >> in the next election. but the implications for what happens if he is reelected, maybe even more profound. i mean, you saw that hearing how virtually unlimited is their view of presidential power they his lawyers argued that unless he was first impeached individually, which is impossible in this current partisan environment, he could sell nuclear secrets assassinate a political rival, or even stage a coup without facing criminal trials and the legal experts that i spoke with, uh, for this piece pointed out that when you're starting with someone who has that level of view of what he can do as
coney barrett, gave very clear signals that they are going to protect the republican presidential nominee from a trial before the november election on the charges that this poll and other polls show are the most serious is to the american people i mean, in practical terms, at almost any of the rulings that seemed possible out of that hearing are going to make it extremely difficult, if not impossible, for there to be a trial on whether trump tried to subvert the last election before he faces...