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. >> justice alito, the point i wanted to make about this case does go to the general proposition. >> i understand that, mr. dreeben, as i said, this case will have effects that go far beyond this particular prosecution. >> laura: well, seeing its fantasy go up in flames of trump on trial in d.c. before the election and that federal court case given how things went today at the supreme court already slim likelihood that donald trump will face a criminal trial brought by special counsel jack smith before the election appeared to dwindle further thursday in the face of withering scrutiny from the supreme court's conservative majority. and the mood was no better by the way over at vioxx where they will need to start offering company wide therapy pets. disaster for the special counsel jack smith. at least five of the court's republicans seemed eager at the very least to trump delay federal criminal trial adding that the justice who seemed to hedge the most, john roberts, also seemed to think that trump enjoys at least some immunity from criminal prosecution joining us now. chris landau. c
. >> justice alito, the point i wanted to make about this case does go to the general proposition. >> i understand that, mr. dreeben, as i said, this case will have effects that go far beyond this particular prosecution. >> laura: well, seeing its fantasy go up in flames of trump on trial in d.c. before the election and that federal court case given how things went today at the supreme court already slim likelihood that donald trump will face a criminal trial brought by...
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Apr 25, 2024
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if one adopted alito's test it would fall outside. the fitzgerald case might be an official act. all these kinds of hype that calls has been top impeached and convicted. >> he is gone, let's say the president who ordered the military to stage a coup. no longer president. wasn't impeached and couldn't be impeached but he ordered the military to stage a coup and you are saying that's an official act? >> i think it would depend. >> that's immune. >> it would depend on the circumstances. if it were an official act he would have to be impeached. >> what does it mean depend on the circumstances? he was the president and is the commander-in-chief, he talks to his generals all the time and he told the generals i don't feel like leaving office. i want to stage a coup. is that immune? >> if it's an official act there needs to be impeachment and conviction beforehand because the framers viewed that kind. >> it's an official act? >> if it's an official act. >> is that an official act? >> if you describe that hypothetical it could well be. it is a fact-specific content. >> that answer sounds
if one adopted alito's test it would fall outside. the fitzgerald case might be an official act. all these kinds of hype that calls has been top impeached and convicted. >> he is gone, let's say the president who ordered the military to stage a coup. no longer president. wasn't impeached and couldn't be impeached but he ordered the military to stage a coup and you are saying that's an official act? >> i think it would depend. >> that's immune. >> it would depend on the...
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Apr 26, 2024
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one moment from samuel alito as he grapples with the issue of presidential immunity. >> if an incumbent loses an election knows the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country. we can look around the world and find this process, loser gets thrown in jail. >> i think it is opposite, justice samuel alito. >> carley: these are questions the justices have never had to deal with before. if a president loses reelection, does he have to worry about getting thrown in jail? what did we learn and where do you see this going? >> i think a lot of the justices were concerned about that on both sides of the aisle. it is legitimate question about the future, forgetting about donald trump. gorsuch said we're making a law for the ages potentially. give questions about concern this might be some type of p precedent where political opponents are pross cuted, they seem to be looking at not what the court did, but a test going forward for immunity for acts undertaken in office. it is very unlikely
one moment from samuel alito as he grapples with the issue of presidential immunity. >> if an incumbent loses an election knows the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country. we can look around the world and find this process, loser gets thrown in jail. >> i think it is opposite, justice samuel alito. >> carley: these are questions the justices have never had to...
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Apr 26, 2024
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this was justice alito. >> if an incumbent who loses a close contested election knows that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country? we can look around the world and find countries where we have seen this process, where the loser gets thrown in jail. >> i think it is exactly the opposite, justice alito. >> and he went on to say special councils representative of the court that the opposite and impact this will strengthen the ldemocratic process, chris.ng a >> you know, laura and i feel like this as watching a cartoono with wile e. coyote. they think they will blow up thf roadt runner, right? a lot of the left has been rubbing their hands in glee and finally we got president trump on criminal trial. i think the united states supreme court takes very seriously its institutional obligation to make sure that we protect the separation of powers that our constitution establishes and allow presidenta to do their job. a lot of times in the law, you can talk about a slippery slope
this was justice alito. >> if an incumbent who loses a close contested election knows that the president may be criminally prosecuted by a bitter political opponent, will that not lead us into a cycle that destabilizes the functioning of our country? we can look around the world and find countries where we have seen this process, where the loser gets thrown in jail. >> i think it is exactly the opposite, justice alito. >> and he went on to say special councils representative...
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Apr 25, 2024
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>> it is correct, justice alito. i think we should also consider the history of this country. as members of the court have observed it is baked into the constitution that any president knows that they are exposed to potential criminal prosecution. after impeachment an conviction. we don't read it that way but it's common ground that all former presidents have known that they could be indicted and convicted and watergate cemented that understanding. the watergate smoking gun tape involved president nixon and h.r.haldeman trying to shut down a criminal investigation. >> you have identified events in the past where presidents have engaged in conduct that might have been charged as a federal crime and you say well, no, that's not really true. this is page 42 of your brief. so what about president franklin d. roosevelt's decision to intern japanese americans during world war ii? couldn't have that been charged under 18usc241, conspiracy against civil rights? >> today, yes, given the court's decision in trump versus united states in which the -- trump versus hawaii where the court s
>> it is correct, justice alito. i think we should also consider the history of this country. as members of the court have observed it is baked into the constitution that any president knows that they are exposed to potential criminal prosecution. after impeachment an conviction. we don't read it that way but it's common ground that all former presidents have known that they could be indicted and convicted and watergate cemented that understanding. the watergate smoking gun tape involved...
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Apr 25, 2024
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hand and trying to gauge the real life fallout of resolving those complex debates, including justice alito. >> if an incumbent, who loses a very close, hotly contested election, knows that a real possibility, after leaving office, is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent. >> alito asking whether that would lead the country into a cycle that ends up destabilizing democracy. while justice jackson worried about the implications of the court granting sweeping criminal immunity for all future presidents. >> if the potential for criminal liability is taken off the table, wouldn't there be a significant risk that future presidents would be emboldened to commit crimes with a abandon while they are in office? >> those questions provoking other justices to ask about whether a president can pardon himself in advance in the waning days of. facing possible criminal charges after leaving office. justice kagan noted the framers did not include a presidential immunity clause in the
hand and trying to gauge the real life fallout of resolving those complex debates, including justice alito. >> if an incumbent, who loses a very close, hotly contested election, knows that a real possibility, after leaving office, is not that the president is going to be able to go off into a peaceful retirement but that the president may be criminally prosecuted by a bitter political opponent. >> alito asking whether that would lead the country into a cycle that ends up...
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Apr 29, 2024
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on the first question what came out from the questions particularly the ones from justice alito and kavanaugh that they understand the ready decision for the agents. they appreciate that the presidency is different than all the other americans in this role whatever they decide will be applied in the cases of all future american presidents this is not a trump only special decision this is something that have long and lasting and enduring effects on our nation as a whole. i think what justice jackson was getting a and her question is zeroing in the tough question, the difference between water official acts and water unofficial or private acts i think all of us can get our head around it there are some things that the president does that her official presidential acts we can understand there's something that a president might do that's unofficial or personal capacity but recognizing the difference doesn't mean you can articulate a rule that enables you to identify what acts fall on what side of the line at least not without spending a lot of time studying obligations in the evidence in making ve
on the first question what came out from the questions particularly the ones from justice alito and kavanaugh that they understand the ready decision for the agents. they appreciate that the presidency is different than all the other americans in this role whatever they decide will be applied in the cases of all future american presidents this is not a trump only special decision this is something that have long and lasting and enduring effects on our nation as a whole. i think what justice...
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Apr 29, 2024
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on the first question, what came out from those questions particularly the ones from justices alito and justice cavanagh, they are writing ad th decision for the ages. they appreciate that yes, the president is different than all other americans and yes, thishe rule whatever they decide will be applied in the cases of all future american presidents here this is not a trump only special but something that will have a long, lasting, enduring effects nation as a whole. i think what justice jackson wan getting at in her question is, really zeroing in on this -- it's a tough question but whatei are official acts and unofficial or private acts?r i think all of us can get our head around there are some things the president those thath are presidential acts. we can also understand there are some things the president mightd tdo in his unofficial or persol capacity but recognizing that difference doesn't mean you can articulate a rule that enables you to identify which acts fall on which side of the line, at least not without spending a lot of time in setting evidence, making very, very complicat
on the first question, what came out from those questions particularly the ones from justices alito and justice cavanagh, they are writing ad th decision for the ages. they appreciate that yes, the president is different than all other americans and yes, thishe rule whatever they decide will be applied in the cases of all future american presidents here this is not a trump only special but something that will have a long, lasting, enduring effects nation as a whole. i think what justice jackson...
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Apr 12, 2024
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history and will continue to be but that he is also saying let the people decide looking at justice alito's opinion that said roe and casey are overturned and the issue will go back to the states where it always had been. it doesn't mean people in washington don't have a role. i believe they do. if you say states rights why are you talking about policing crime, school choice and school board elections. i want everybody in the republican party in washington to talk about everything. it's simple. life, liberty, pursuit of happiness. our first right is life. we believe the united states senate house and representative and the president and vice president have a role in protecting it. what president trump did what he did on ivf. trying to lead. if other people come forward with their opinions and the other side -- let's keep our eye on the ball. the other side is for abortion any time anywhere. as we learn more about gestation development fewer democrats call themselves pro-life. they are for no reasonable restrictions. >> dana: see if any reporter would ask kamala harris are you willing to acc
history and will continue to be but that he is also saying let the people decide looking at justice alito's opinion that said roe and casey are overturned and the issue will go back to the states where it always had been. it doesn't mean people in washington don't have a role. i believe they do. if you say states rights why are you talking about policing crime, school choice and school board elections. i want everybody in the republican party in washington to talk about everything. it's simple....
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seems to be what the supreme court was focused on yesterday, particularly with questioning by justice alito and gorsuch. >> dana: shannon asked jonathan turley earlier, i have no answer to this because i'm not a lawyer. do you think that you will get this decision sooner than later or will they wait until june? >> i think it's likely we'll see this decision on a normal time frame, which would be let's say mid to late june. remember back in december jack smith tried to do an end run around the entire appellate process in this case, asked the supreme court to expedite things to have essentially an immediate supreme court hearing on these presidential immunity issues before the d.c. circuit had the chance to weigh in. the supreme court rejected that effort without a single noted dissent by a 9-0 vote. i think the supreme court understands how serious these issues are. i think they want to take their time getting to the right decision. and i don't think they will let a political timeline get in the way of making sure they get the law right here on a momentous issue like presidential immunity. >
seems to be what the supreme court was focused on yesterday, particularly with questioning by justice alito and gorsuch. >> dana: shannon asked jonathan turley earlier, i have no answer to this because i'm not a lawyer. do you think that you will get this decision sooner than later or will they wait until june? >> i think it's likely we'll see this decision on a normal time frame, which would be let's say mid to late june. remember back in december jack smith tried to do an end run...
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or maybe it was alito who said this we have to base on the future not right now. >> look. they take their job seriously. okay? does not matter if you are a republican appointee or a democrat appointee. the court as an institution has a very important decision to make here. it is not just about trump. this will affect every president going forward. and remember, cavanaugh was the top top staffer for george w. bush. in the white house during the bush years. remember, every other 5 minutes the bush administration was being accused of being a war criminal, and legal interrogations, and so cavanaugh had his own experience with that as staff secretary in the white house in the presence of all of that happening at that time. so, could george w. bush have been brought up on criminal charges after he left office? obama for drone strikes? you know, it goes on and on and on in history. so i think the justices were very, very keen to find some type of middle ground here in the distinction is going to be immunity for truly official acts versus purely private acts, which i would think m
or maybe it was alito who said this we have to base on the future not right now. >> look. they take their job seriously. okay? does not matter if you are a republican appointee or a democrat appointee. the court as an institution has a very important decision to make here. it is not just about trump. this will affect every president going forward. and remember, cavanaugh was the top top staffer for george w. bush. in the white house during the bush years. remember, every other 5 minutes...
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and gore search warrant about prosecutor is misusing criminal law to target political opponents and alito warned of a slippery slope with a loser in an election always getting prosecuted like in banana republic's so it's been clear to me that this is the court that will grant some form of immunity because they were focusing so much on the nixon versus fitzgerald case that did give presidents immunity from civil lawsuits with certain conditions and i think that the court may extend that immunity protection to criminal prosecutions because of the same reasoning applying in the alternative they may say well we are going to send it back to the lower court with guidance on immunity parameters and allow that court to craft the rule for for the review but either way i think that dj six trump case in washington get sent back down and jonathan is right that process is time-consuming bracing for hearings it seems impossible now that a trial could take place before the election. >> sean: professor i'm dying to get your thoughts on this did you glean the same thing that we cleaned? >> first i want to
and gore search warrant about prosecutor is misusing criminal law to target political opponents and alito warned of a slippery slope with a loser in an election always getting prosecuted like in banana republic's so it's been clear to me that this is the court that will grant some form of immunity because they were focusing so much on the nixon versus fitzgerald case that did give presidents immunity from civil lawsuits with certain conditions and i think that the court may extend that immunity...
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i think alito had it right. there is two parts to the question. one is constitutional. how are we going to do this. and i think they decided in dobbs that was good. the other is political. and i think what donald trump is doing is getting in the position to make his case that it's the democrats who are extreme. as you pointed out in 2016 in a debate hammered hillary for saying you wouldn't ban abortion up to the moment of birth. and she had no answer for him. i think he is gearing up to do that now. if you look at his whole statement he made a pretty forceful statement on what abortion is and where the democrats are. >> bret: yeah. la thing, kimberley, are these states now, some of them, regretting maybe going as far as they did on this issue and some of them dialing this back. florida clearly is not. >> yeah. i think they are certainly regretting those that haven't come up with a position. because look what we have seen out there in the elections and initiatives when the question comes to voters and legislature hadn't already given them a position that they're often be
i think alito had it right. there is two parts to the question. one is constitutional. how are we going to do this. and i think they decided in dobbs that was good. the other is political. and i think what donald trump is doing is getting in the position to make his case that it's the democrats who are extreme. as you pointed out in 2016 in a debate hammered hillary for saying you wouldn't ban abortion up to the moment of birth. and she had no answer for him. i think he is gearing up to do that...
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and alito warned of a slipperyod with a loser in an election. always get gets prosecuted likek in banana republic.n cl >> so it's pretty clear to me that this is the that willt that grant some form of immunity becausrant se they were focusino much on the nixon v fitzgerald case for decades ago that did give presidents immunity from, civil lawsuits with certain conditions. so i think the court may extend that immunity protection to criminal prosecutourte russie because the same reasoning applies in the alternativeof thy i mean, they may say, well, we're going to send ite god back to the lower couritt with guidance on immunity parameters and allowt that cout to craft the rule for further review. but either way, i think the j6si trump case in washington gets sent back downet. onatha and jonathan's right, that process is time consuming. briefs at pro court hearings further repeal. >> it seems impossible now that trial can take place before the election. >> yeah. professohe electr, i'm dying tot your thoughts on this, that you claim the same thing yo
and alito warned of a slipperyod with a loser in an election. always get gets prosecuted likek in banana republic.n cl >> so it's pretty clear to me that this is the that willt that grant some form of immunity becausrant se they were focusino much on the nixon v fitzgerald case for decades ago that did give presidents immunity from, civil lawsuits with certain conditions. so i think the court may extend that immunity protection to criminal prosecutourte russie because the same reasoning...
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but in many ways, it's a vindication for justice samueling alito's decision. he said our job isn't to decide what the rule of, what the policy should be on abortion. that's for the people to decide. and dobbs lets the people decide. that's what florida voters are going to do. >> that's absolutely right. and, by the way, paul, politics is very messy. [laughter] and, you know, i know that there are some people that would rather the court just step in and decide all of this, but he's right, you return this back to the states. the problem rests with republicans who have not understood the degree to which democrats were going to use this. and they're going to do it again in swing states. it's not just florida. they're going to put it on the ballot in arizona, montana, other swing states for this presidential election. and that is going to be a challenge on the map. paul: all right. still ahead, the biden camp was quick to dismiss recent polls showing donald trump edging biden in key ballotgrounds, but a shifting electorate in some of these swing states could spell
but in many ways, it's a vindication for justice samueling alito's decision. he said our job isn't to decide what the rule of, what the policy should be on abortion. that's for the people to decide. and dobbs lets the people decide. that's what florida voters are going to do. >> that's absolutely right. and, by the way, paul, politics is very messy. [laughter] and, you know, i know that there are some people that would rather the court just step in and decide all of this, but he's right,...
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if trump and roberts, alito and gorsuch and thomas and leonard, leo and, the heritage foundation, ife no they get a hold, there will be no government left. there will be no right lefs lef. you'll live under theocracy. you'll end u thap christian nationalism. >> but that's all right. you know, 26-year-old, you like feel the elections in part animated, not addressing the issues that i care about. >> don't worry. with joe unable to communicate effectively, democrats are once again rolling out welln --, they're not so secret weapon. that's right. vp harris said recently duringr. ,you know, pretty grotesque fawning interview with drew ine, cuomo spoke out against those who dare to criticizee her constant, inappropriate, weird giggling and laughing. taked giggling look. >> you know, you were asking me earlier about what it means to bout whate like the first won >> and, you know, it's funny because people go get usedmy sta to it. right. i mean, my staff, for example, l sometimes they'll show me little things that just amuse showhing. >> like, apparently some people love to talk about the way
if trump and roberts, alito and gorsuch and thomas and leonard, leo and, the heritage foundation, ife no they get a hold, there will be no government left. there will be no right lefs lef. you'll live under theocracy. you'll end u thap christian nationalism. >> but that's all right. you know, 26-year-old, you like feel the elections in part animated, not addressing the issues that i care about. >> don't worry. with joe unable to communicate effectively, democrats are once again...