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Apr 13, 2024
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from 2018, we're trump held the swearing in ceremony for brett kavanaugh. i was covering the white house at that time. i remember this very well. every single supreme court justice attended and their names were read aloud. and when you look at that moment now and how unusual that is, i wonder what's telling to you about it. >> a couple of things. first of all, the justices themselves were a little bit tricked into attending. they had been given a bit of a guarantee from the white house counsel's office wouldn't have been overly political event. and it turned out to be extremely political. but when donald trump read all their names individually, he was almost as if he was holding them up as blue ribbons. you know, when you always acted as if the court was his, remember, in the early days of his administration when he lost in lower courts on some policy issues, he'd say, wait till we get to the supreme court. but i have to say katelyn just last monday when donald trump announced his new abortion position, saying he wanted to leave it for sure to the states >>
from 2018, we're trump held the swearing in ceremony for brett kavanaugh. i was covering the white house at that time. i remember this very well. every single supreme court justice attended and their names were read aloud. and when you look at that moment now and how unusual that is, i wonder what's telling to you about it. >> a couple of things. first of all, the justices themselves were a little bit tricked into attending. they had been given a bit of a guarantee from the white house...
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Apr 25, 2024
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one of the other ironies is brett kavanaugh. he worked for ken starr, and yet he was saying, if you prosecute, you're just going to hurt -- >> one of the most risible is kavanaugh, gorsuch, and alito very worried about political prosecution. very worried presidents would be prosecuted, and that was infuriating because brett kavanaugh came to providence working for ken starr, who took a bill clinton land deal and dug it into monica lewinsky's closet. all of a sudden he's considered about political prosecutions. it's hypocritical at the maximum. who is going to stop them, though? they act with impunity just like trump does. because just like trump, they know nobody will stop them. >> the thing that also is really infuriating is every time justice jackson or justice kagan or justin sotomayor tried to get into the facts of this case, and every time the lawyer for jack smith's office tried to get into the substance, they would cut them off. they didn't want to hear the actual substance of the case. >> i don't want to talk about the s
one of the other ironies is brett kavanaugh. he worked for ken starr, and yet he was saying, if you prosecute, you're just going to hurt -- >> one of the most risible is kavanaugh, gorsuch, and alito very worried about political prosecution. very worried presidents would be prosecuted, and that was infuriating because brett kavanaugh came to providence working for ken starr, who took a bill clinton land deal and dug it into monica lewinsky's closet. all of a sudden he's considered about...
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Apr 26, 2024
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particularly justice brett kavanaugh was very concerned about the idea of letting criminal prosecutions go forward over actions taken by the president. he continually floated this idea, this rule that would say that unless a statute ecifically mentions the president, that then it can't be applied against hem. that is a slight variation on the whole question of immunity but it would get their via a different rout and would essentially mean the end of jack smith's case. neil gorsuch moated the possibility of this situation, he said would lead to just every president pardoning themselves on the way out of office which is a novel and kind of dangerous situation for the court to be in which has never had to consider to thelegality of whether presis can do that. 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
particularly justice brett kavanaugh was very concerned about the idea of letting criminal prosecutions go forward over actions taken by the president. he continually floated this idea, this rule that would say that unless a statute ecifically mentions the president, that then it can't be applied against hem. that is a slight variation on the whole question of immunity but it would get their via a different rout and would essentially mean the end of jack smith's case. neil gorsuch moated the...
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Apr 25, 2024
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brett kavanaugh, sam alito and clarence thomas think it's unconstitutional. brett kavanaugh sounded outraged at its very existence, and that left the four women justices to clean up the mess with the great hypothetical you just played, some really searching questions from justice barrett about the line that trump's attorney was trying to draw here, but they are just four votes and at the end of the day, i think there are clearly at least five votes to prevent this trial from moving forward anytime soon. >> so, carol, part of the arguments today center on what is an official act, what is a not official act, what is core to the presidency, and what is not core to the presidency. in your coverage of january 6th, the lead up to january 6th and the aftermath of it, how did you view those arguments today? how did you hear that questioning? >> well, first i thought it was really interesting the way the very very experienced and perfectionist appellate counsel for the special counsel, mike breeben presented the way in which these things actually go down in trial. the
brett kavanaugh, sam alito and clarence thomas think it's unconstitutional. brett kavanaugh sounded outraged at its very existence, and that left the four women justices to clean up the mess with the great hypothetical you just played, some really searching questions from justice barrett about the line that trump's attorney was trying to draw here, but they are just four votes and at the end of the day, i think there are clearly at least five votes to prevent this trial from moving forward...
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Apr 26, 2024
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i think it was brett kavanaugh who said to the prosecutor who was arguing this case look, this is not about donald trump. this is a decision for the ages. so we have to base this on the future. 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 just
i think it was brett kavanaugh who said to the prosecutor who was arguing this case look, this is not about donald trump. this is a decision for the ages. so we have to base this on the future. 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...
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Apr 28, 2024
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john robertson and brett kavanaugh also asked some challenging questions. maybe whenever moses up for grabs, but we know that the supreme court let idaho's law go into effect back in january, which signals at least at the time, the court was prepared to side with idaho. there is nothing eye-opening in the oral argument that convinces me they changed their minds, that they're going to win this case. what is interesting is how idaho will win this case. there was not really a cohesive theory that the other conservative justices had settled on. i think the substance of the opinion, how big they are going to go, i think we may need to wait until june to find out. >> okay, let's get into one of the major points for the conservative justices with that concept of fetal personhood. depending on how they rule, could they give more legal credibility to this theory? >> they could. fetal personhood is a theory generally providing the word person in various legal texts, specifically the constitution, applies from the moment an egg is fertilized. this is primarily a const
john robertson and brett kavanaugh also asked some challenging questions. maybe whenever moses up for grabs, but we know that the supreme court let idaho's law go into effect back in january, which signals at least at the time, the court was prepared to side with idaho. there is nothing eye-opening in the oral argument that convinces me they changed their minds, that they're going to win this case. what is interesting is how idaho will win this case. there was not really a cohesive theory that...
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Apr 26, 2024
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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 24, 2024
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it's hard to tell how some of the really crucial justices, particularly john roberts and brett kavanaugh, where they landed today. i can tell you, i'm trying to think of a more gendered argument. i can't in my entire life think of an argument in which every single woman, including amy coney barrett, including the solicitor general elizabeth prelogger was talking about preeclampsia, was talking about ectopic pregnant, blood, what it is to be helicoptered out of the states and you had every single male justice, and as you heard the attorney for the state of ohio, talking about the hyde amendment, talking about the spending clause, talking about these unbelievably in some cases not briefed legal questions so they wouldn't have to talk about women's health. it was quite staggering the divide between what one-half of the court was talking about today and the other was like nothing i have ever witnessed, including in dobbs. >> it was so remarkable listening to justice sotomayor and justice amy coney barrett go back and forth with the attorney for idaho there talking about cases where the docto
it's hard to tell how some of the really crucial justices, particularly john roberts and brett kavanaugh, where they landed today. i can tell you, i'm trying to think of a more gendered argument. i can't in my entire life think of an argument in which every single woman, including amy coney barrett, including the solicitor general elizabeth prelogger was talking about preeclampsia, was talking about ectopic pregnant, blood, what it is to be helicoptered out of the states and you had every...
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Apr 25, 2024
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brett kavanaugh, who i worked for, when he was going through his confirmation process, i thought he raised some very interesting points. he talked about how troubled he was for the trajectory of the american presidency. if they were to side with the department of justices approach which is this zero immunity, this pastor, so i was also struck by the dojs argument of don't worry about it because prosecutions are not politically motivated. we take both about that kind of stuff and i thought how could you possibly say that given what we are all watching happen in new york? and secondly, the person who made that argument was on the special counsel bob mueller's team which we all know what that was a two-year $35 million investigation that was driven by politics and failed. >> john: so, leah, the argument comes down here too it seems the court is considering is -- was trying to challenge the election a public act or a private act? like a president may have immunity from ordering drone strikes from the heads of terrorist organizations but of a president poisoned his cabinet because he doesn't li
brett kavanaugh, who i worked for, when he was going through his confirmation process, i thought he raised some very interesting points. he talked about how troubled he was for the trajectory of the american presidency. if they were to side with the department of justices approach which is this zero immunity, this pastor, so i was also struck by the dojs argument of don't worry about it because prosecutions are not politically motivated. we take both about that kind of stuff and i thought how...
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Apr 21, 2024
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that would be the chief, that would be judge coney barrett and that would be judge brett kavanaugh. and what they ask and how they appear at the hearing is going to be critical. >> i want to send the case for a second because when it was the appellate court that was, we saw the oral arguments, they were stunningly interesting because most people don't listen to the things you can't see the video on but you her donald trump's lawyer arguing about why the president requires immunity, because he will be penalized by his opponents as soon as he's out of office. the line of questioning came up with the judge about seal team six and assigning somebody -- seal team six to murder someone -- became a question of, as jennifer rubin says, you can't be held for me and for all things. it seems the appeals court was not convinced of that thing. do you think it would be different if the same argument came up with the supreme court? >> i'm glad you brought up that example because much was made of that. and i might have a slightly different view of that, which is, one of the area -- here's what we k
that would be the chief, that would be judge coney barrett and that would be judge brett kavanaugh. and what they ask and how they appear at the hearing is going to be critical. >> i want to send the case for a second because when it was the appellate court that was, we saw the oral arguments, they were stunningly interesting because most people don't listen to the things you can't see the video on but you her donald trump's lawyer arguing about why the president requires immunity,...
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Apr 25, 2024
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i think the number one goal will be to get john roberts, brett kavanaugh, and amy coney barrett on board with the decision that is quick and firm and can be sent back down to the lower courts to kick this trial back into motion. now, with those three conservatives, they are clearly the ones to watch. i think thomas and samuel alito have staked out a strong program position, neil gorsuch is somewhere in between. i think that for chief justice roberts especially, he probably recognizes at this point what that article pointed out, which is that team trump has pulled off the heist. the supreme court has slow walk to this case as compared to the ballot removal case from earlier this term, the nixon cases in the 1970s during watergate. they have in short, i think, that this trial will not happen before november, before election day. and, you know, when john roberts is embarrassed by a case for sometimes he goes quiet, he doesn't say anything. one thing i will be looking to is whether the chief justice mostly keeps his mouth shut or whether he tries to direct arguments toward some kind of conse
i think the number one goal will be to get john roberts, brett kavanaugh, and amy coney barrett on board with the decision that is quick and firm and can be sent back down to the lower courts to kick this trial back into motion. now, with those three conservatives, they are clearly the ones to watch. i think thomas and samuel alito have staked out a strong program position, neil gorsuch is somewhere in between. i think that for chief justice roberts especially, he probably recognizes at this...
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Apr 11, 2024
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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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Apr 25, 2024
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kavanaugh, and amy 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
kavanaugh, and amy 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...
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Apr 7, 2024
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kavanaugh me to cases the russia investigation divided into two parts. i always divided two parts. the steele dossier, which is one issue of problematic highly problematic and then other stuff that was verified, which is russia's intervention in american election. all of these a whole variety of judgments of that sort. and i wanted people to have a feel for that and they can as always say, people can agree or disagree with the judgments that i made, but i want them have a full understanding of why i made them and how i came to those judgments. and then finally, there were particularly in the last few years of my time at post and i retired at the end of february of 2021, there were a lot of things happening in journalism that had deeply concerned about how we were doing jobs or in my view, not doing our job appropriately, particularly what i saw as a level advocacy on the part of journalists, even activism, desire to express opinions, particularly on social media that i felt were really the reputation of the institution that these journalists had joined b
kavanaugh me to cases the russia investigation divided into two parts. i always divided two parts. the steele dossier, which is one issue of problematic highly problematic and then other stuff that was verified, which is russia's intervention in american election. all of these a whole variety of judgments of that sort. and i wanted people to have a feel for that and they can as always say, people can agree or disagree with the judgments that i made, but i want them have a full understanding of...
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Apr 26, 2024
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for justices like samuel alito and maybe brett kavanaugh and definitely neil gorsuch, it seemed clear they are on board with the desire for that kind of delay. what we might call the wait, wait, don't ever tell me approach. listen here as justice ketanji brown jackson sort of gets trumps lawyers on the ropes here. he is finding it difficult to answer questions about the seemingly extreme consequences of this immunity regime he is proposing. she really has him on the ropes, but listen at the end. as conservative justice neil gorsuch swoops in to save trump's lawyer. to give him a better idea. to suggest that maybe a delay would be a good idea to give everybody a way out of the sand on to step two. >> when you are giving your opening statements, you are talking about, you know, you suggested that the lack of immunity and possibility of prosecution in the presidential context is like an innovation and i understood it to be the status quo. i mean, i understood that every president from the beginning of time, essentially, has understood that there was a threat of prosecution and they have
for justices like samuel alito and maybe brett kavanaugh and definitely neil gorsuch, it seemed clear they are on board with the desire for that kind of delay. what we might call the wait, wait, don't ever tell me approach. listen here as justice ketanji brown jackson sort of gets trumps lawyers on the ropes here. he is finding it difficult to answer questions about the seemingly extreme consequences of this immunity regime he is proposing. she really has him on the ropes, but listen at the...