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maybe if you are cynical and think okay, maybe samuel alito and thomas are going to be outliers. but, the fact that it looks like there's at least four, it's going to be, to me, it looks like 5-4, one way or the other on a case that i agree with neil is so off the charts tells you how inured we are to trump overtaking what this country is supposed to stand for. >> what i thought i was counting was a majority, clear majority saying, no, there is absolutely no such thing as absolute immunity, absolutely no such thing. i don't know what neil gorsuch was getting at at certain spots there, where he was saying things like, well, you know, if you, samuel alito said if you do that, order seal team six, you don't have to worry about that because seal team six won't obey the order to assassinate hillary clinton. and then neil gorsuch was saying, made a very clear point to say, to trumps lawyer, so there's absolutely no doubt that subordinates of the president can be prosecuted for exactly the thing you are saying the president cannot be prosecuted for and trumps lawyer said that's right, i
maybe if you are cynical and think okay, maybe samuel alito and thomas are going to be outliers. but, the fact that it looks like there's at least four, it's going to be, to me, it looks like 5-4, one way or the other on a case that i agree with neil is so off the charts tells you how inured we are to trump overtaking what this country is supposed to stand for. >> what i thought i was counting was a majority, clear majority saying, no, there is absolutely no such thing as absolute...
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Apr 25, 2024
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she seemed to have some stepback from those asserted by justice alito. the big wild card is where the chief justice is. it would be unlikely he would want to be his legacy to giving donald trump a path to forgiveness for a coup, he was the most difficult justice to read. >> they had a discussion about the court ruling. it has to have some better limiting principle. i for one couldn't quite tell where that takes him and what that meant. joyce and chay on the big historic supreme court day, thanks to both of you. we have more special guests coming up. we heard a lot of talk about assassination. the former cia chief is with me to separate fact from fiction. later, douglas brinkley on an historic night. stay with us. th e*trade from morgan stanley, we're ready for whatever gets served up. dude, you gotta work on your trash talk. i'd rather work on saving for retirement. or college, since you like to get schooled. that's a pretty good burn, right? this is david's look of joy. and this is his john deere z530m mower. that delivers precision, speed, comfort, ♪
she seemed to have some stepback from those asserted by justice alito. the big wild card is where the chief justice is. it would be unlikely he would want to be his legacy to giving donald trump a path to forgiveness for a coup, he was the most difficult justice to read. >> they had a discussion about the court ruling. it has to have some better limiting principle. i for one couldn't quite tell where that takes him and what that meant. joyce and chay on the big historic supreme court day,...
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Apr 1, 2024
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this being let's pick on justice alito day. justice alito's response to all of this has always you're bunch of sore losers. you just like the result. and as steve explaining is really much than that. i want to talk to you some more or go ahead 30, 30 more seconds. i think it's worth stressing like, yes, i am often sort of dismissed as being a progressive who's just crying in my spilled progressive milk. i don't know what progressive milk looks like, but that free. oatmilk. so there are two quick response. the first is this is not just progressives. i mean one of the most vocal critics inside court of a lot of the court's procedural machinations in the last two years has been chief justice john roberts. right. roberts has actually joined the three democratic appointees in a surprising of these procedural disputes, where he might be sympathetic on the merits to what the other justices are doing. he's not sympathetic to what they're doing procedurally. the alabama redistricting case is a good example of that. but more fundamentall
this being let's pick on justice alito day. justice alito's response to all of this has always you're bunch of sore losers. you just like the result. and as steve explaining is really much than that. i want to talk to you some more or go ahead 30, 30 more seconds. i think it's worth stressing like, yes, i am often sort of dismissed as being a progressive who's just crying in my spilled progressive milk. i don't know what progressive milk looks like, but that free. oatmilk. so there are two...
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Apr 25, 2024
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>> i really doubt that, justice alito. it presupposes a regime we have never had except for president nixon and as alleged in the indictment here. presidents who are conscious of being engaged in wrongdoing and try to shield themselves. no person shall be the judge in their own case. those are adequate deterrences think so that this kind of dystopian regime is not going to evolve. >> let me end with just a question about what is required for the functioning of the stable democratic society, which is something that we all want? i'm sure you would agree with me that a stable democratic society requires that a candidate who loses an election, even a close one, even a hotly contested one, leave office peacefully, if that candidate is the incumbent. >> of course. >> all right. now, if an incumbent, who loses the 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 prosec
>> i really doubt that, justice alito. it presupposes a regime we have never had except for president nixon and as alleged in the indictment here. presidents who are conscious of being engaged in wrongdoing and try to shield themselves. no person shall be the judge in their own case. those are adequate deterrences think so that this kind of dystopian regime is not going to evolve. >> let me end with just a question about what is required for the functioning of the stable democratic...
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Apr 11, 2024
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is this what he wanted when he chose samuel alito for the supreme court? or was george w. bush just playing the game of abortion politics? just like every republican did before him. the game was never to win. the game was to keep the game going. if you are antiabortion, you have to vote republican as long as they kept the game going. because they were the only ones who were at least pretending they wanted to stop it. equally, republican politicians didn't want abortion to stop, because then you wouldn't have to vote for them anymore to stop abortion. you wouldn't have to contribute money to their campaigns. you couldn't ask for a more powerful lesson in how much your vote matters, and how long your vote matters. your vote lives after you. long after you. millions of people who voted for george h.w. bush, and who therefore voted for clarence thomas to be on the supreme court to overturn roe versus wade, are now dead. millions of those voters have been dead for decades. their vote continues to live after them in the hands of clarence thomas on the united states supreme court
is this what he wanted when he chose samuel alito for the supreme court? or was george w. bush just playing the game of abortion politics? just like every republican did before him. the game was never to win. the game was to keep the game going. if you are antiabortion, you have to vote republican as long as they kept the game going. because they were the only ones who were at least pretending they wanted to stop it. equally, republican politicians didn't want abortion to stop, because then you...
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Apr 11, 2024
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bush was a vote for samuel alito. so yes. you can and should blame donald trump, but you should have to blame the people who voted for donald trump for president in 2016 and you have to blame the voters who voted for george w. bush and the voters who voted for george w. h. bush before that. because if dukasis or gore had won, donald trump could have put three right wing judges on the supreme court and they still wouldn't have a majority. for the voters who voted for joe biden four years ago and are no longer with us because they were lost to covid or cancer or other illness their votes are going to live after them another 30 years that ketanji brown jackson will serve on the united states supreme court. your vote will live after you. it will live in the supreme court. your vote will live on in the hands of federal judges. in their 40s appointed by joe biden who will serve for another 40 years. your vote will decide what century we live in. will we live in an age of legal and constitutional enlightenment or will we live in 186
bush was a vote for samuel alito. so yes. you can and should blame donald trump, but you should have to blame the people who voted for donald trump for president in 2016 and you have to blame the voters who voted for george w. bush and the voters who voted for george w. h. bush before that. because if dukasis or gore had won, donald trump could have put three right wing judges on the supreme court and they still wouldn't have a majority. for the voters who voted for joe biden four years ago and...
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Apr 12, 2024
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and so the methodology adopted by that man, samuel alito, on the right, with the support supreme court effectively ruled as if we are going to let the past dictate the present. in this really binding way. specifically, the white men who held power in the distant past. the man who made up the tradition of our history. this isn't some weird fluke. if the logic of dobbs at play where that states supreme court just revived a near-total abortion ban from 1864 from when lincoln was president. this is the code of laws adopted by the very first arizona territorial legislature 160 years ago. yes, territorial because arizona would not become a eight for more than 50 more years. name for judge and principal author william thompson howell, the menu see there on the left, the howell code foreman iced the laws governing all the territory. population, less than 2000. excusable homicide by misadventure, which could include a man working with an axe killed a bystander or a parent is moderately correcting his child and happens to occasion death. it contains multiple sections relating to duals, for examp
and so the methodology adopted by that man, samuel alito, on the right, with the support supreme court effectively ruled as if we are going to let the past dictate the present. in this really binding way. specifically, the white men who held power in the distant past. the man who made up the tradition of our history. this isn't some weird fluke. if the logic of dobbs at play where that states supreme court just revived a near-total abortion ban from 1864 from when lincoln was president. this is...
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Apr 12, 2024
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that is the kind of history and tradition that samuel alito have brought back to the united states. it is the very logic of this court. it is the point of the decision in dobbs. it is the point of the arizona supreme court ruling this week. in 2024 william claude jones gets to control the body of women and girls in the state of arizona. are you tired of your hair breaking after waiting years for it to grow? new pantene with more pro-vitamins, plus biotin & collagen. repairs as well as the leading luxury bonding brand. stronger, healthier hair, without the $60 price tag. if you know, you know it's pantene. millions of children are fighting to survive due to inequality, conflict, poverty and the climate crisis. save the children® is working alongside communities to provide a better life for children. and there's a way you can help. please call or go online to give just $10 a month. only $0.33 a day. we urgently need 1000 new monthly donors in the next 30 days to help the children we support around the world. you can help provide food, medicine, care and protection, plus so much more
that is the kind of history and tradition that samuel alito have brought back to the united states. it is the very logic of this court. it is the point of the decision in dobbs. it is the point of the arizona supreme court ruling this week. in 2024 william claude jones gets to control the body of women and girls in the state of arizona. are you tired of your hair breaking after waiting years for it to grow? new pantene with more pro-vitamins, plus biotin & collagen. repairs as well as the...
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Apr 25, 2024
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justice alito says that hypothetical is complicated biez s.e.a.l. team six has to obey the law. so that was what was alarming to me, you have the highest court in the land entertaining hypotheticals and having a serious argument that really normalizes extremism. this is how extremism manifests itself in nation states, we're going to go more and more to the extreme and ordinary institutions of justice are going to accept that. >> none of us at this table believe that they believe any of these rules apply to joe biden. i'm going to hold you until we come back on the other side of the break. they're coming right back. stay right there. more on this madness. at three in the morning. any time of the day. what people don't know is that not all dirt is the same. you need dirt with the right kind of nutrients. look at this new organic soil from miracle-gro. everybody should have it. it worked great for us. this is as good as gold in any garden. if people only knew that it really is about the dirt. you're a dirt nerd. huge dirt nerd. i'm proud of it! [ryan laughs] hi, i'm chris and i los
justice alito says that hypothetical is complicated biez s.e.a.l. team six has to obey the law. so that was what was alarming to me, you have the highest court in the land entertaining hypotheticals and having a serious argument that really normalizes extremism. this is how extremism manifests itself in nation states, we're going to go more and more to the extreme and ordinary institutions of justice are going to accept that. >> none of us at this table believe that they believe any of...
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Apr 25, 2024
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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 28, 2024
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we also saw that justice samuel alito. another republican appointeee to the court. a conservative one albeit not a trump appointed justice. this would lead presidents to essentially try to stay in office unlawfully. to hole on to power. he said that would put america in a dangerous cycle of undermining democracy. so there were quite a bit of concerns. i don't want to overstate the case and say a majority of the court is going to reulg rule in trump's favor. i think you heard quite a bit of skepticism of the degree of immunity that former president trump is seeking. but i think -- i think that a majority of the court is probably going to coalesce around some form of legal protection for presidents over their official act and the question is what does that do to this prosecution and what what is that going to do to prosecutions down the line? >> a majority would ko legislation around some protections for the former president. which justices do you think would be part of that group and why? >> well, the justices that i just mentioned obviously thinking that there is a
we also saw that justice samuel alito. another republican appointeee to the court. a conservative one albeit not a trump appointed justice. this would lead presidents to essentially try to stay in office unlawfully. to hole on to power. he said that would put america in a dangerous cycle of undermining democracy. so there were quite a bit of concerns. i don't want to overstate the case and say a majority of the court is going to reulg rule in trump's favor. i think you heard quite a bit of...
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justice alito would refuse to leave office. therefore, we really have to be careful of letting, you know, overzealous, hyper partisan prosecutors beat up on them. the notion, as you heard in that quote from justice jackson, that is a scarier prospect than the stuff that we have already heard from president donald trump and we are hearing now about a next iteration of president donald trump. the notion that there is a real fear, the witch hunt, is bone- chilling and deeply surprising to those of us who are institutional us right down to the wire. >> i do not feel -- i feel a little redeemed, right? the schism between who they are and they reveal themselves to be -- and the hope that -- i guess that is it in theory. however, they are paranoid, insulated, thin-skinned, brittle partisan actors and one of them is married to a ringleader to the insurrection itself. was he there? did he have to be there? what did clarence thomas do? >> as he often does, he asked the first question. should he be there? no. what just happened to mark me
justice alito would refuse to leave office. therefore, we really have to be careful of letting, you know, overzealous, hyper partisan prosecutors beat up on them. the notion, as you heard in that quote from justice jackson, that is a scarier prospect than the stuff that we have already heard from president donald trump and we are hearing now about a next iteration of president donald trump. the notion that there is a real fear, the witch hunt, is bone- chilling and deeply surprising to those of...
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Apr 26, 2024
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the alito were included that thing where he kept saying i'm not talking about these facts. the good side of that coin is these facts are so bad, i can't talk about them. that's the good side of that. >> i think thomas is the exception. i think thomas thinks all presidents need absolute immunity. >> that's the great mystery. he did not recuse himself or maybe his definition of recusal is i will talk the lease. clarence thomas spoke only three times. he didn't ask a paragraph worth of questions. the only thing he raised that was outside what anyone else mentioned was an issue that was not even before the court which was the legitimacy of the appointment of jack smith. that's not even before the court. thomas asked about that so he remains the most mysterious on the court today. >> i think we overthink them. when you work for president, you know they're just guys and girls. these particular guys consume all of this. i think what was clear today, they will direct quote segments from of these programs. alito gives speeches in front of conservators and i'm sure conservatives in t
the alito were included that thing where he kept saying i'm not talking about these facts. the good side of that coin is these facts are so bad, i can't talk about them. that's the good side of that. >> i think thomas is the exception. i think thomas thinks all presidents need absolute immunity. >> that's the great mystery. he did not recuse himself or maybe his definition of recusal is i will talk the lease. clarence thomas spoke only three times. he didn't ask a paragraph worth of...
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Apr 26, 2024
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and it wasn't just sam alito. it wasn't just clarence thomas. it wasn't just the extremist republicans that we've come to know and understand do this stuff all the time. this was coming from john roberts who fundamentally said that there might be some official acts that are criminal, that trump should be immune from. anyway. and so get into the legal nerd part of it. i know laura laura were talking about how you like legal nerd conversations. the legal nerd part of this is that what's the what is the court really trying to do? here because i don't think i don't think anybody reasonable things. i don't think anybody your panel is going to think that what the court ultimately wants to do is grant absolute blanket immunity to any president for any crime for the rest of their, for, for the rest of the future of this country. because, you know, that's a power democratic presidents get used to and republican justice this is don't want democratic presidents using that kind of power. so the game here for the supreme court is to do what trump has always
and it wasn't just sam alito. it wasn't just clarence thomas. it wasn't just the extremist republicans that we've come to know and understand do this stuff all the time. this was coming from john roberts who fundamentally said that there might be some official acts that are criminal, that trump should be immune from. anyway. and so get into the legal nerd part of it. i know laura laura were talking about how you like legal nerd conversations. the legal nerd part of this is that what's the what...
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Apr 25, 2024
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having said that, justice alito went through a step-by-step. all of the mechanisms that could potentially fail in the end. if it fails completely it's because we've destroyed our democracy on our own, isn't it? >> it is justice sotomayor and i also think that there are additional checks in a system. of course, the constitutional framers designed a separated good powered system in order to limit abuses. i think one of the ways in which abuses are limited is accountability under the criminal law. for criminal violations? but the ultimate check is the goodwill and faith in democracy. and crimes that are alleged in this case that are the antithesis of domain accuracy. that's your mind that an encouragement to believe words that pin somewhat put into suspicion here that no man is above the law either in his official or private it i think that is an assumption of the constitution justice kagan, mr. dreaming, i want to go through your framework and make sure i understand ended. >> so first on the small category of things that you say have absolute pro
having said that, justice alito went through a step-by-step. all of the mechanisms that could potentially fail in the end. if it fails completely it's because we've destroyed our democracy on our own, isn't it? >> it is justice sotomayor and i also think that there are additional checks in a system. of course, the constitutional framers designed a separated good powered system in order to limit abuses. i think one of the ways in which abuses are limited is accountability under the...
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i am so turned around. >> i don't think sam alito was making an argument there. i think sam alito was being being somewhat professorial there and trying to just begged the question, engage with the lawyer on this on this and have him answer the question to kind of tie up other questions, right? you saw kagan come back and ask just the opposite. does if we have if we if we allow for blanket immunity. does that not let's watch that. let's watch that we have that he ordered the military to stage a coup& you're saying that's an official act. >> i think it would tabassum yoon. >> i think it would depend on the circumstances where there was an official act, an official on the way you've described that hypothetical? well, it could well be. i just don't know. he'd have to again, it's a fact specific contexts, acidic determination that answer sounds to me as though it's led yeah, under my test, it's an official act, but that's sure sounds bad, doesn't it? >> sure does sound bad sure does. >> and i think you saw her go through that analysis. you heard you heard the some of
i am so turned around. >> i don't think sam alito was making an argument there. i think sam alito was being being somewhat professorial there and trying to just begged the question, engage with the lawyer on this on this and have him answer the question to kind of tie up other questions, right? you saw kagan come back and ask just the opposite. does if we have if we if we allow for blanket immunity. does that not let's watch that. let's watch that we have that he ordered the military to...
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justice brett kavanaugh and samuel alito saying prosecutors, judges, grand juries right at home in a trump social media feed about how there is not really a rule of law in this country and what looks like our supposed legal system is really just corrupt people out to get donald trump. the conservative justices today were absolutely and consistently unwilling to discuss trump's alleged crimes as laid out in the indictment that led to this case. to the point that it became almost a comedic gymnastic effort at avoidance between justice alito and the lawyer for special counsel jack smith. >> if the court has concerns about the robustness of it, i would suggest looking at the charges in this case. >> well i'm going to talk about this in the abstract. >> conspiracies to defraud the united states with respect to one of the most important functions, namely the certification of the next president. >> well i don't want to dispute that particular application of that, of 371 conspiracy to defraud the united states. >> it is difficult to think of a more critical function than the certification of
justice brett kavanaugh and samuel alito saying prosecutors, judges, grand juries right at home in a trump social media feed about how there is not really a rule of law in this country and what looks like our supposed legal system is really just corrupt people out to get donald trump. the conservative justices today were absolutely and consistently unwilling to discuss trump's alleged crimes as laid out in the indictment that led to this case. to the point that it became almost a comedic...
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Apr 25, 2024
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i think when you are looking at the questions that were asked by gorsuch as well as alito, it's very clear there is clearly a faction on the bench that wants to create a space that allows this argument to breathe further or at least them to kick it back down and allow that to be dealt with at a lower court. if you are looking in other directions, there are clearly justices like jackson who want to try and make this as narrow as possible. this was lawyering at the highest of levels. i want to remind everyone out there, the supreme court is not right because -- they are not last because they are always right. they are right because they're always last. what i mean by that is, whatever results from this is something that we will all have to live with. it should be no indication that this was the perfect decision. it's going to be interesting to see how it shapes up. >> a magistrate said that. you are asking us to decide things for the ages. i think it's always interesting to bring it back to that. these decisions will have eternal repercussions. >> right. i kept wanting to pan out. i wi
i think when you are looking at the questions that were asked by gorsuch as well as alito, it's very clear there is clearly a faction on the bench that wants to create a space that allows this argument to breathe further or at least them to kick it back down and allow that to be dealt with at a lower court. if you are looking in other directions, there are clearly justices like jackson who want to try and make this as narrow as possible. this was lawyering at the highest of levels. i want to...
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Apr 27, 2024
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justice alito saying he's not really talking about the particular facts of the case? >> it's unbelievable. the reason why the supreme court stepped in and delayed this was because they didn't want to talk about the specifics of the case. they would have not even reviewed the appeal, because the lower court did a really good job explaining why trump's actions on january 6th and before were not official acts. he should not be getting anywhere near immunity, but the courts said we are going to the broader principles of what constitutes official acts, and whether that would be immune. to do some hypothetical thinking. the fact is the clock is ticking. they know what they are doing. there was a case against donald trump in washington, d.c. where they delayed it to people who are on the far right, justice alito and others are ignoring what's in front of them, and instead, doing really the former president's being bidding. >> that's the scary bit, tara. i can't think of a legal analyst worth their time that has said this is not an open and shut case in terms of how clear it
justice alito saying he's not really talking about the particular facts of the case? >> it's unbelievable. the reason why the supreme court stepped in and delayed this was because they didn't want to talk about the specifics of the case. they would have not even reviewed the appeal, because the lower court did a really good job explaining why trump's actions on january 6th and before were not official acts. he should not be getting anywhere near immunity, but the courts said we are going...
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Apr 27, 2024
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do we have to sound of justice alito and in -- making these just what i felt were very wild claims. we don't have it. i am going read it to you he says, the hospital must save lives a threat to the unborn child. it seems the meaning is the hospital must try to eliminate immediate threat to the child but performing an abortion is and at this time cal to the duty and solicitor general when i see her i am buying her a drink she says if congress had wanted to displays protens for pregnant women in danger of losing their lives or their health, it could have eee defined the status of the fetus with an emergency medical condition but that's not how they structured this and put the expand protection for the pregnant woman. justice alito is he is pudging the life and conception act from the bench. >> let's be clear for justice alito who claims textualism is the direction to go, there's no text in the united states constitution that recognizes embryos or fetuses and in fact the opposite is true. the first sentence of the 14th amend minute says citizens are people that are born. specifically.
do we have to sound of justice alito and in -- making these just what i felt were very wild claims. we don't have it. i am going read it to you he says, the hospital must save lives a threat to the unborn child. it seems the meaning is the hospital must try to eliminate immediate threat to the child but performing an abortion is and at this time cal to the duty and solicitor general when i see her i am buying her a drink she says if congress had wanted to displays protens for pregnant women in...
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Apr 26, 2024
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paragraphs from all of our scripts i have heard in alito's rants. they are bound to trump in their feelings of being persecuted to a person. so, in trump's immunity claim which has myriad legal implications and layers to it, they found common cause with the feeling of persecution and that is what they spoke to today. that is where he found a receptive audience. what is amazing to me is that federal judge carter in california was like, the farther we get, the more murky it gets. but in the immediate aftermath, trump clearly committed the crimes and federal judges said more likely than not he committed felonies. he and that eastman guy and the further we get the more the people at the highest levels of this branch, everyone said the courts held. i think after today we have to get rid of that notion that the courts held and after today we have to get rid of the notion that there is some complicated legal theory. they feel him and feel persecuted like he does. >> i thought it was a very dark day for the supreme court. i don't think the conservative just
paragraphs from all of our scripts i have heard in alito's rants. they are bound to trump in their feelings of being persecuted to a person. so, in trump's immunity claim which has myriad legal implications and layers to it, they found common cause with the feeling of persecution and that is what they spoke to today. that is where he found a receptive audience. what is amazing to me is that federal judge carter in california was like, the farther we get, the more murky it gets. but in the...
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child under federal law and i want to play alito here talking about how the hospital will stabilize the threat to the unborn child, take a listen >> in a hospital must stabilize the threat to the unborn child. and it seems that the plain meaning is at the hospital must try to eliminate any immediate threat to the child, performing an abortion is antithetical to that duty. >> first of all, there is no child here, there is a fetus and that should be clear. but what you hear as a medical practitioner when you hear the justice saying that? >> so he is put in a situation that doesn't exist. there is no saving the fetus without saving the mother and what he is creating is this idea that there is a conflict between the life of the mother and whatever emergency this fetus is having, the only way to save that fetus, to deliver that baby eventually, to have a full healthy pregnancy, is to say that mother point there is no conflict and he is making it up. >> and to the extent that there is, to the extent that there is a conflict or they said that there is a situation in which you have to end t
child under federal law and i want to play alito here talking about how the hospital will stabilize the threat to the unborn child, take a listen >> in a hospital must stabilize the threat to the unborn child. and it seems that the plain meaning is at the hospital must try to eliminate any immediate threat to the child, performing an abortion is antithetical to that duty. >> first of all, there is no child here, there is a fetus and that should be clear. but what you hear as a...
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Apr 24, 2024
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i want you to hear to samuel alito and his indignation, talking about your state. here he is. >> so we have this phrase, emergency medical condition, and that provision. and then under --, the term emergency medical condition is defined to include a condition that placed the health of the woman's unborn child in serious jeopardy. so, in that situation, the hospital must stabilize the threat to the unborn child. and it seems that the plan -- plain meaning is that the hospital must try to eliminate any immediate threat to the child. performing an abortion is antithetical to that duty. -- >> you go so far as to say that the statute is clear in your favor. i don't know how you can say that in light of the provisions i have just read to you. >> i know how i feel about listening to him or 10 he knows more than a doctor about treating a patient. how do you feel listening to him talk like that, as if he knows better how to treat a fetal emergency than you do? >> it is disheartening. certainly, as a maternity fetal medicine physician, it is my job and goal to have the best
i want you to hear to samuel alito and his indignation, talking about your state. here he is. >> so we have this phrase, emergency medical condition, and that provision. and then under --, the term emergency medical condition is defined to include a condition that placed the health of the woman's unborn child in serious jeopardy. so, in that situation, the hospital must stabilize the threat to the unborn child. and it seems that the plan -- plain meaning is that the hospital must try to...
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i've not been a huge fan of justice alito and justice thomas. but i thought even they can't stomach this. it turns out, i was wrong. >> can i say, you are always going to be wrong if you think they're not going to disappoint you and break your democracy-loving heart? ian, we will keep you around. on what this court and what this judge and what these two legal teams are achieving, how important is that in a democracy? >> i think it goes to the point andrew was making, that they are showing that this person who has tried to portray himself as some superhuman, superhero for his followers is human, is a citizen. i think probably one of the most devastating things about this trial, however it turns out, is that trump looks weak. the numerous times he has dozed off in the courtroom -- it's projection. his claims president biden doesn't have the stamina to do the job. it's trump who is falling asleep. it's trump who looks week. the thing that ultimately undoes strongmen is when the emperor is exposed as having no clothes. there's a little of that going
i've not been a huge fan of justice alito and justice thomas. but i thought even they can't stomach this. it turns out, i was wrong. >> can i say, you are always going to be wrong if you think they're not going to disappoint you and break your democracy-loving heart? ian, we will keep you around. on what this court and what this judge and what these two legal teams are achieving, how important is that in a democracy? >> i think it goes to the point andrew was making, that they are...
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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 25, 2024
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but certainly if they put forward an argument like alito did today, seeming more concerned about how if a hypothetical president is fearing prosecution, he might be inclined to stage a coup, which is certainly an interesting way to look at this case. i don't know that that's going to bolster confidence in the us supreme court among the members of the public do i think i've told that we have that soundbite if you want to play it, do we want to do if we have it, let's play it if a 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 will that not lead us into a cycle that destabilizes the functioning of our country as a democracy. and we can look around the world and find countries where we have seen this process, where the loser that's thrown in jail. >> yeah, we don't we don't have to look around the world. for something that isn't a hypothetical. that might sho
but certainly if they put forward an argument like alito did today, seeming more concerned about how if a hypothetical president is fearing prosecution, he might be inclined to stage a coup, which is certainly an interesting way to look at this case. i don't know that that's going to bolster confidence in the us supreme court among the members of the public do i think i've told that we have that soundbite if you want to play it, do we want to do if we have it, let's play it if a an incumbent...
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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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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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justice alito holds the seat congress created in 1837. i don't think he thinks he's unconstitutional. right. the point is not that he's wrong. the the point is that this is in the zeitgeist. but the point is that we have court today that believes it is not accountable to the other branches of government and believes it ought not to be accountable to the other branches of government and everything else that we see in the news flows from that. right. the court is not worried about congress, so it's perfectly to rip the heart out of statutory. right. the court is not worried about. so the justices don't care that much about ethics. right. i mean, there's just every single flash point for the supreme court. the court doesn't feel beholden to us. so they issue major rulings where they actually provide zero explanation. for in january, where you had a54 ruling allowing the biden administration to remove razor wire that greg abbott had placed along the us-mexico border in texas. when there's nary a word from, the majority or the dissent about, w
justice alito holds the seat congress created in 1837. i don't think he thinks he's unconstitutional. right. the point is not that he's wrong. the the point is that this is in the zeitgeist. but the point is that we have court today that believes it is not accountable to the other branches of government and believes it ought not to be accountable to the other branches of government and everything else that we see in the news flows from that. right. the court is not worried about congress, so...
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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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but justice alito had proposed this alternative test, and the conversation really went far field. it was a very messy argument. >> peter, take a quick listen to what jamie raskin had to say on how things went at the supreme court today. >> there are politicians who are not even subject to popular election. unlike me. they should move the supreme court over to the rnc headquarters, because they are acting like a bunch of artisan operatives. >> this is not the first time we have heard criticism that the highest court in the land has been hyper politicized. considering the substance of the arguments today, does this particular case kind of raise even more questions about the credibility of scotus? >> well, it will certainly create a lot of concern and conversation about it, and it will create some criticism, the kind you just saw from congressman raskin. go back and look at history for a second. when the supreme court was presented with the question of whether richard nixon could withhold the tapes in the watergate special prosecutor, the chief justice at the time, warren burger, but
but justice alito had proposed this alternative test, and the conversation really went far field. it was a very messy argument. >> peter, take a quick listen to what jamie raskin had to say on how things went at the supreme court today. >> there are politicians who are not even subject to popular election. unlike me. they should move the supreme court over to the rnc headquarters, because they are acting like a bunch of artisan operatives. >> this is not the first time we have...
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thomas alito has staked out a strong pro trump position. gorsuch in between. but for roberts he probably recognizes at this point what the rolling stone article pointed out. team trump has pulled off the heist. the supreme court has slow walked this case as compared to the ballots removal case from earlier this term. the nixon cases in the 1970s during water gate. they ensured this trial will not happen before november before election day. and you know, when john roberts is embarrassed by a case, sometimes he goes quiet. he doesn't say anything. so one thing i will be looking to is whether the chief justice mostly keeps his mouth shut or whether he trying to direct arguments toward some kind of consensus position. >> i know the supreme court is quote unquote inpenetrable and don't pay attention to press. and are not victim to whatever the political climate of the day is. a will inform the time line which they rule. do you think they will expedite their ruling at all? >> u do not and i will tell you why. the rule at the supreme court is as long as a dissenter i
thomas alito has staked out a strong pro trump position. gorsuch in between. but for roberts he probably recognizes at this point what the rolling stone article pointed out. team trump has pulled off the heist. the supreme court has slow walked this case as compared to the ballots removal case from earlier this term. the nixon cases in the 1970s during water gate. they ensured this trial will not happen before november before election day. and you know, when john roberts is embarrassed by a...
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we also saw that justice samuel alito. another republican appointeee to the court. a conservative one albeit not a trump appointed justice. this would lead presidents to essentially try to stay in office unlawfully. to hole on to power. he said that would put america in a dangerous cycle of undermining democracy. so there were quite a bit of concerns. i don't want to overstate the case and say a majority of the court is going to reulg rule in trump's favor. i think you heard quite a bit of skepticism of the degree of immunity that former president trump is seeking. but i think -- i think that a majority of the court is probably going to coalesce around some form of legal protection for presidents over their official act and the question is what does that do to this prosecution and what what is that going to do to prosecutions down the line? >> a majority would ko legislation around some protections for the former president. which justices do you think would be part of that group and why? >> well, the justices that i just mentioned obviously thinking that there is a
we also saw that justice samuel alito. another republican appointeee to the court. a conservative one albeit not a trump appointed justice. this would lead presidents to essentially try to stay in office unlawfully. to hole on to power. he said that would put america in a dangerous cycle of undermining democracy. so there were quite a bit of concerns. i don't want to overstate the case and say a majority of the court is going to reulg rule in trump's favor. i think you heard quite a bit of...
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even more incredibly, justice samuel alito seem to entertain this idea as considering it a prominent provision. while clarence thomas asked the lawyer for mifepristone how she would respond to the argument that mailing the product would violate the comstock ask. for its part, the biden administration argues the statute is not relevant to the current dispute over mifepristone as it is not the fda' s job to interpret and enforce a criminal statute. it is worth taking a moment to consider how backwards and dangerous it is that this argument is taking place on the floor of the supreme court. again, this is a chastity law that has been dormant for over a century. the version of america to which this law belongs in the country that did not grant the basic rights of citizenship to women are most people of color. my next guest, democratic senator tina smith is leading efforts to repeal the comstock act writing in the "the new york times", " here is the bottom line . we cannot let anyone, not the supreme court, not donald trump and certainly, not a random busybody from the 19th century take a
even more incredibly, justice samuel alito seem to entertain this idea as considering it a prominent provision. while clarence thomas asked the lawyer for mifepristone how she would respond to the argument that mailing the product would violate the comstock ask. for its part, the biden administration argues the statute is not relevant to the current dispute over mifepristone as it is not the fda' s job to interpret and enforce a criminal statute. it is worth taking a moment to consider how...
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>> i think it is exactly the opposite, justice alito. there is an appropriate way to challenge things through the courts. that has been the nation's experience. >> you seem to worry about the president being chilled. i think we would have a significant opposition problem if the president was not shield -- chilled. the most powerful person in the world with the reduced amount of authority could go into office knowing that there would be no potential penalty for committing crimes, i am trying to understand what that disincentive is from turning the oval office into the seat of criminal activity in this country? >> marsha, what is next? >> well, a decision at some point. my sense overall was that the court doesn't seem inclined to buy mr. trump's argument for absolute immunity. and if that's the case, and they start trying to delineate, as william said, between official acts and private acts, what kinds of tests should be applied to do that? they may well send it back to the lower courts to apply it to mr. trump's situation. now are the har
>> i think it is exactly the opposite, justice alito. there is an appropriate way to challenge things through the courts. that has been the nation's experience. >> you seem to worry about the president being chilled. i think we would have a significant opposition problem if the president was not shield -- chilled. the most powerful person in the world with the reduced amount of authority could go into office knowing that there would be no potential penalty for committing crimes, i...