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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 20, 2024
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justice alito? justice sotomayor? >> wha never had a situation before where there has been a situation li ts with people attempting to stop a proceeding violently. i am not se at a lack of history proves. >> i'm not sure that is true. i would point to hatfield and courthouse problems in portld, oregon. let's also look at what the court has said in so many different cases. in dubin, in yates, and kelly. bond. all of these -- >> there was a difference there in the use of words. here, otherwise obstrts influences, impedes might have a problem with breadth and the government can address that, but it is on -- not unclear what the words mean. but the government has no way to address that. >> we can let them ans >> justice kagan, justice kavana >> if it were he language in c2, and so said whoever obstctnfluences and impedes c2itut the word otherwise, the whole provision, do you acknowledge the language would then be appliedrorly to a situation like this? >> unfortunately no. threon for that is that again, applying all the ot
justice alito? justice sotomayor? >> wha never had a situation before where there has been a situation li ts with people attempting to stop a proceeding violently. i am not se at a lack of history proves. >> i'm not sure that is true. i would point to hatfield and courthouse problems in portld, oregon. let's also look at what the court has said in so many different cases. in dubin, in yates, and kelly. bond. all of these -- >> there was a difference there in the use of words....
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Apr 2, 2024
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one, you saw that when that alito leak went out of his draft opinion. they all got mad as hell and they said, we're to investigate this. the chief justice said, i've the marshal to investigate this. so he clearly demonstrated his belief that he had the power to order an investigation. and what i've been asking him and telling him and indeed told him at the last judicial conference meeting, which i get invited to, not his favorite invite, i'll tell you, is, okay, now that you establish the proposition that you can order investigations into matters, investigate what thomas knew and when he knew it about his wife's activities, the insurrection, pretty straightforward investigative stuff. so it opens it opens a window for him to lead an ethics regime in which there is at least investigation with traditional investigative principles, that if you lie you know, you're accountable and it's not just press releases from the judges. so that, i think is pretty important. and then, of course, he could always move to try to adopt a code of ethics and to determine a w
one, you saw that when that alito leak went out of his draft opinion. they all got mad as hell and they said, we're to investigate this. the chief justice said, i've the marshal to investigate this. so he clearly demonstrated his belief that he had the power to order an investigation. and what i've been asking him and telling him and indeed told him at the last judicial conference meeting, which i get invited to, not his favorite invite, i'll tell you, is, okay, now that you establish the...
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Apr 25, 2024
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justice alito's decision really signals a willingness to go there. it essentially says if there is a tossup between having to choose between a woman's life and a fetus' life, it is up to the state who gets to win ou we know the case will likelyt. geoff: reverberate beyond idaho. sarah: texas has also sued around emtala. if idaho wins you can be sure that at least six states that do not have the health exception for the mother will follow idaho's lead. we are seeing this play out on the ground in emergency rooms. you would imagine those types of cases and women being turned away would just continue to escalate. geoff: sarah varney, thank you so much. sarah: thank you. a™ amna: in the day's other headlines. president biden signed into law a massive foreign aid package after months of delay amid republican opposition. the $95 billion measure includes assistance to ukraine, israel, and taiwan. president biden celebrated the achievement today at the white house, saying it was long overdue. pres. biden: it was a difficult path. it should have been easier
justice alito's decision really signals a willingness to go there. it essentially says if there is a tossup between having to choose between a woman's life and a fetus' life, it is up to the state who gets to win ou we know the case will likelyt. geoff: reverberate beyond idaho. sarah: texas has also sued around emtala. if idaho wins you can be sure that at least six states that do not have the health exception for the mother will follow idaho's lead. we are seeing this play out on the ground...
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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 26, 2024
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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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Apr 27, 2024
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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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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 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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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 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 24, 2024
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. >> justice alito rather famously said after the dobbs decision overturned roe v. wade the court was sending it back to the states and the supreme court was done with the question. he was very wrong in that prediction. issue has come back to the high court several time. here in california, governor newsom is ready to introduce emergency legislation allowing doctors from arizona, where abortion is restricted, to come to california to perform abortions in california on arizonans through an expedited licensing system. in fact, this live picture is from sacramento of the governor proposing this very idea. we will have a wrap-up of what the governor says tonight in our evening newscast. >> interesting approach. we know that other states tried to enshrine their rights. this is different. >> hyde idaho is very differ and an interesting test case. >> ours as well. >> thank you, scott. >> you bet. >>> a live look ahead around the bay area right now. take a look here out of our window. san jose looking clear today. at least by my eye. we are getting a look whether this was i
. >> justice alito rather famously said after the dobbs decision overturned roe v. wade the court was sending it back to the states and the supreme court was done with the question. he was very wrong in that prediction. issue has come back to the high court several time. here in california, governor newsom is ready to introduce emergency legislation allowing doctors from arizona, where abortion is restricted, to come to california to perform abortions in california on arizonans through an...
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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 25, 2024
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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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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 24, 2024
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we did here, sam alito, a little while ago, one of the conservative justices sort of poking holes and some of the arguments that is liberal counterparts were making, but you hurdle into kagan, they're just a few moments ago. i mean, getting rather pointed. i think with joshua turner. yeah. and that's after justice sotomayor decided she just was sort of done. it was clear. she's frustrated. i look, this is turner's first time arguing in front of the justices, and i think it's it's showing especially for example and what we're justice sotomayor, she has diabetes and she shared a hypothetical about someone with diabetes, the type of care that they could be prevented from receiving she gave a hypothetical and he he had a moment there. we could have maybe acknowledged the humanity there. so maybe he just moved on to his legal arguments. so that was not wanting him any friends with the liberal bloc. but one of the things that we weren't able we'll do here on air, but our colleagues are following this. i'm gonna read it. >> it's the questioning from justice amy coney barrett, and it's intere
we did here, sam alito, a little while ago, one of the conservative justices sort of poking holes and some of the arguments that is liberal counterparts were making, but you hurdle into kagan, they're just a few moments ago. i mean, getting rather pointed. i think with joshua turner. yeah. and that's after justice sotomayor decided she just was sort of done. it was clear. she's frustrated. i look, this is turner's first time arguing in front of the justices, and i think it's it's showing...
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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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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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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 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 25, 2024
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we are talking justices neil gorsuch, samuel alito clarence thomas, chief justice john roberts, he appeared to be looking for an offramp to send the case back down to the trial court. that will delay election, let's listen to what the justices s said. >> if an incumbent who loses close hotly contested election knows a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but the president may be criminally prosecuted by a bitter political opponent, but not lead us into a cycle that destabilizes the functioning of our country is a democracy? should what about president franklin d roosevelt's decision to return japanese-americans during world war ii? couldn't that have been charged under 18 usc 1421 against civil rights? >> it seems there's some area you conceived when it official acts that congress cannot criminalize and now we are talking about the scope. >> take on what you just heard. >> i agree with the justices and that is what happened during the argument. i think it was extraordinary have michael had to concede that th
we are talking justices neil gorsuch, samuel alito clarence thomas, chief justice john roberts, he appeared to be looking for an offramp to send the case back down to the trial court. that will delay election, let's listen to what the justices s said. >> if an incumbent who loses close hotly contested election knows a real possibility after leaving office is not that the president is going to be able to go off into a peaceful retirement but the president may be criminally prosecuted by a...
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Apr 26, 2024
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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...
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Apr 24, 2024
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and so even though justice alito did push the idea of state's rights and returning abortion decisions for the states, they can't do it if it conflicts with a federal law and emerging merely treatment and labor act says it is part of the bargain for receiving medical care funds, hospitals have to agree to comply with those rules. and those include protecting the health of people when they present in a situation where they need to be stabilized. and so idaho's law conflicts with that by criminalizing behavior when it is not necessary to save the life. and so that is the window, what does it mean to save someone's life and if it is necessary to just stabilize their health even without certainty of death, then federal law requires that. >> barb, let me ask you another question. because i think one of the issues here that i've been hearing about for these arguments today is that doctors feel under legal constraints, hallie jackson interviewed a doctor from idaho that moved to colorado because they are not even sure that they can do a d and c, routine procedures for women that aren't even i
and so even though justice alito did push the idea of state's rights and returning abortion decisions for the states, they can't do it if it conflicts with a federal law and emerging merely treatment and labor act says it is part of the bargain for receiving medical care funds, hospitals have to agree to comply with those rules. and those include protecting the health of people when they present in a situation where they need to be stabilized. and so idaho's law conflicts with that by...
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Apr 26, 2024
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. >> public we could have all agreed thomas and alito, i'm not surprised. those two long ago traded in their robes for red heart. >> the justices are taking or constitutional questions very seriously and excited to see what they come down with the end of the term. >> a good day for donald trump because the justices really were not buying into the d.c. circuit's approach. that doesn't mean they will take trump is immune from prosecution but at minimum if that is the case, they would likely have to remand it to the district court to say we need you to develop this record a little further. if they do that, it's hard to see how this could possibly be tried before the election. >> you heard attempts by zoloft to politicized this. supreme court justices they are trying to go through, they seem to be looking for this. what they are looking for is to find out whether there are a way to provide narrow protection for president or constitutional duties and worried about hampering the power future presidents. >> they were skeptical and went justice capital and a leader
. >> public we could have all agreed thomas and alito, i'm not surprised. those two long ago traded in their robes for red heart. >> the justices are taking or constitutional questions very seriously and excited to see what they come down with the end of the term. >> a good day for donald trump because the justices really were not buying into the d.c. circuit's approach. that doesn't mean they will take trump is immune from prosecution but at minimum if that is the case, they...
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Apr 25, 2024
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there's constitutional rights, samuel alito questioned the solicitor general about the interests of the unborn child under federal law. i want to play samuel alito talking about how the hospital must stabilize the threat to the unborn child. take a listen. >> the hospital must stabilize the threat to the unborn child. and it seems that the plain meaning is that the hospital must try to eliminate any immediate threat to the child but performing an abortion is antithetical to that duty. >> first of all, to my mind, there is no child. there is a fetus and that should be clear. what do you hear as a medical practitioner in an emergency room when you hear the justice saying that ? >> he is creating a situation that doesn't exist. there is no saving the fetus without saving the mother. 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 the baby eventually, to have a full, healthy pregnancy is to say that mother. there is no conflict and he's making it up out of whole
there's constitutional rights, samuel alito questioned the solicitor general about the interests of the unborn child under federal law. i want to play samuel alito talking about how the hospital must stabilize the threat to the unborn child. take a listen. >> the hospital must stabilize the threat to the unborn child. and it seems that the plain meaning is that the hospital must try to eliminate any immediate threat to the child but performing an abortion is antithetical to that duty....
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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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Apr 24, 2024
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the reference to that in the statute did come up with alito, which could have implications for person hood is the obligation equal to the unborn child and to the mother. but that's the only justice who's really talked about that issue. i thought there might have been more dcussion. they're very interesting ula, when will theine justices? sayyed this case, which could have major ramifications outside of idaho two. yeah absolutely. >> we expect much. are there major decisions will be revealed in late june, potentially even the early july. that is, of course the heart of campaign season. so it's so significant to remember that in this case, also in the other major abortion case which deals with mifepristone are the drugs used in medication? patient abortion. >> these two cases have, have considerable impacts and the women who even need that medication or need that procedure that could have an enormous impact on the outcome of the presidential race. >> we obviously cover a lot out of supreme court cases related to the elections specifically to former president trump. i would argue that th
the reference to that in the statute did come up with alito, which could have implications for person hood is the obligation equal to the unborn child and to the mother. but that's the only justice who's really talked about that issue. i thought there might have been more dcussion. they're very interesting ula, when will theine justices? sayyed this case, which could have major ramifications outside of idaho two. yeah absolutely. >> we expect much. are there major decisions will be...
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then once you're focus on and justice alito, when when when he intervened in his own way, i kept kept trying to deny the importance of the immediate issues to speculate about what might happen in the future. we have an urgent issue right now. that issue needs to be resolved now, we can worry about the future when the feature columns we have to get through the current crisis, the republic, which is why i think the courts should be acting expeditiously while said. >> i mean, listen to this, exchange as well between justice elana kagan and sour about this hypothetical question of prosecuting a former president who for example, staged a coup i don't feel like leaving office. i wanted to stage a coup is that immune? >> if it's an official ads, there needs to be impeachment and conviction beforehand because the framers viewed the that kind of official act isn't an official act. if it's an official act, it's impeachment and official on the way you've described that hypothetical, it could well be now of course in your an amicus brief with other historians, you forcefully argue against this as
then once you're focus on and justice alito, when when when he intervened in his own way, i kept kept trying to deny the importance of the immediate issues to speculate about what might happen in the future. we have an urgent issue right now. that issue needs to be resolved now, we can worry about the future when the feature columns we have to get through the current crisis, the republic, which is why i think the courts should be acting expeditiously while said. >> i mean, listen to this,...
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Apr 25, 2024
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in washington in this is cnn in the trump immunity case at the us supreme court today justice samuel alito raise the hypothetical question of whether a president would be protected by immunity if he's if he uses the us military seal team six to assassinate an individual the court digging into the trump team's argument that a president can't be criminally prosecuted for official acts and joining me now, the conservative lawyer, george conway, a very vocal trump critic, who is now a major donor to president biden's reelection campaign. george, thanks very much for joining us, thanks for having, let's talk about these historic oral arguments before the supreme court today. if the supreme court were to decide that presidents have immunity for official official acts, but not for private acts. what would that mean for trump? >> i don't think it necessarily means that he wins. i don't think he's going to win as broadly the broad immunity that he's been arguing, which is essentially that he could do anything. the clt six argued the seal team six hypothetical. we've been talking about the ku hypoth
in washington in this is cnn in the trump immunity case at the us supreme court today justice samuel alito raise the hypothetical question of whether a president would be protected by immunity if he's if he uses the us military seal team six to assassinate an individual the court digging into the trump team's argument that a president can't be criminally prosecuted for official acts and joining me now, the conservative lawyer, george conway, a very vocal trump critic, who is now a major donor...
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>> got to tell you i think it was with the bases loaded for the president, justice alito of former us attorney himself, former prosecutor made clear through the questioning, you heard often, you got a prosecutor operating in bad faith, he or she could come in and completely disrupt an election cycle, bad news for the special prosecutor yesterday. ibly10 appreciate your time. another tough day of economic news for the white house up next, i will ask deputy treasury secretary about harder than expected inflation rate as the point man on sanctions and also ask why the us is unlikely to enforce new sanctions on uranian oil. ♪ibly10 house republicans moving to address the impact of the trump tax cuts after expiring in 2025 by sending out tax teams. what are these tax teams doing? >> there will be 10 of them in total and they will look at what would happen to everyday taxpayers if the 2017 tax cuts expire when they are set to at the end of 2,025, they will study the impact on manufacturing, mainstreet america, rural america, supply chains and more. congressman mike kelly, one of the lawma
>> got to tell you i think it was with the bases loaded for the president, justice alito of former us attorney himself, former prosecutor made clear through the questioning, you heard often, you got a prosecutor operating in bad faith, he or she could come in and completely disrupt an election cycle, bad news for the special prosecutor yesterday. ibly10 appreciate your time. another tough day of economic news for the white house up next, i will ask deputy treasury secretary about harder...
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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 8, 2024
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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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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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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 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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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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Apr 3, 2024
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bush, one by biden, and one by trump, who was an alito clerk, they are going to have to decide will they now need to get this law rewritten and submitted to them in a separate filing from texas? are they going to simply take into account the old law or what they said in oral arguments today? essentially they have to weigh in on the constitutionality of this law, and whoever wins we can be sure the losing side will appeal to the supreme court. and of course immigration is becoming such a huge part of the trump campaign, with a lot of, you know, false statements, and actually, i was, you know, checking the records. immigration is -- it was higher under trump initially. >> than under obama. >> than under obama. >> yes. >> and when biden came in it was at least initially not as high as of course it became. >> now covid obviously put a huge damper on immigration in 2020, and so biden would have taken office. really the overall trend is that immigration has continued to rise over the last decade because we have a global problem in the western sphere. we're seeing people try to fly africa. each
bush, one by biden, and one by trump, who was an alito clerk, they are going to have to decide will they now need to get this law rewritten and submitted to them in a separate filing from texas? are they going to simply take into account the old law or what they said in oral arguments today? essentially they have to weigh in on the constitutionality of this law, and whoever wins we can be sure the losing side will appeal to the supreme court. and of course immigration is becoming such a huge...
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. >> shannon: on the other side of this got justice alito worries and income it loses the heated race then the victorious opponent decides they will go after them. that winding up being sort of a destabilizing force on democracy. where do you think they land? >> there is a slippery slope on both sides. but i was surprised with the three justices on the left they didn't seem at all concerned about how extreme that argument would be leaving a president with no protection. so the question that most of the justices were struggling with another thought they were doing in good faith is how do we find a more balanced pack nuanced approach here. the government made a major concession to justice courses when he said there are thanks you can't criminalize that a person does and the government said yes. and he said doesn't it sound alike immunity? is in our job to try to define where that is? it was a devastating moment so there is a real chance that this could be sent back to the board to say we need more information about which of these acts were part of an official function which were not. th
. >> shannon: on the other side of this got justice alito worries and income it loses the heated race then the victorious opponent decides they will go after them. that winding up being sort of a destabilizing force on democracy. where do you think they land? >> there is a slippery slope on both sides. but i was surprised with the three justices on the left they didn't seem at all concerned about how extreme that argument would be leaving a president with no protection. so the...