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Apr 23, 2024
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justice gorsuch: mr. kneedler, i want to probe this a littlbi further because it does seem to me this status/conduct distinction is very ic. and i had thought that robinson, after powell, reallyasust limited to status. and now yore saying, well, there's some conduct that's effectively equad status. and -- but y're saying invonty drug use, you can regulate that conduct. that doesn'qualify as status. you're saying compulsive alcohol use, you can regulate that condt public, public drunkenness, even if it's involuntary. that doesn't qualify as stu right? mr. kneedler: right. juice gorsuch: you're saying you can regulate somebody who is hungry and has no othechce but to steal. you can regulate that conduct, even though it'a basic human necessity. and that doesn't come under the status side of the line, right? mr. kneedler: yes. justice gorsuch: okay. but whent mes to homelessness, which is a terribly difficult problem, you're saying that's dit and because there are no beds available for them to go to in grants
justice gorsuch: mr. kneedler, i want to probe this a littlbi further because it does seem to me this status/conduct distinction is very ic. and i had thought that robinson, after powell, reallyasust limited to status. and now yore saying, well, there's some conduct that's effectively equad status. and -- but y're saying invonty drug use, you can regulate that conduct. that doesn'qualify as status. you're saying compulsive alcohol use, you can regulate that condt public, public drunkenness,...
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Apr 30, 2024
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thank you, justice gorsuch. justice barrett: counsel, can i ask you a question about the scope of your ordinance? so, as justice kagan was pointing31 out, this -- this criminalizes sleeping with a blanket at a minimum, right? ms. evangelis: yeah. jubarrett: correct? but, as i understand it, after th decision and -- and maybe te martin before that, there was some question about whether it also criminalized having fires, campfires, tents. can you talk a little bit about that and what the scope of it is? does the constitution then t impossible for a city to limit the use of fires and tents, those kinds of temporary shelters? ms. evangelis: irely does because the rationale of martin, the -- the argument that it's a biological nesty to sleep outside, tpondents argue a blanket is necessary in oregon; some might argue a tent fire is necessary in north dakota. the eighth amendment really doesn't give us any aners to what cities can and can't prohibit. it'ly administratively impossible for cities on the ground, as wl for
thank you, justice gorsuch. justice barrett: counsel, can i ask you a question about the scope of your ordinance? so, as justice kagan was pointing31 out, this -- this criminalizes sleeping with a blanket at a minimum, right? ms. evangelis: yeah. jubarrett: correct? but, as i understand it, after th decision and -- and maybe te martin before that, there was some question about whether it also criminalized having fires, campfires, tents. can you talk a little bit about that and what the scope of...
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Apr 25, 2024
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justice gorsuch: ok. all right. general prelogarsohe hospital could assert a consciencebjtion -- justice gorsuch: that'all. general prelogar: -- and emtala would not override that. justice barrett: my question - i have a questn out the hyde amendment. so i gather from theriing that there might be some situationsn ich emtala would require an abortion, but the hyde amendment wouldn't permit federal ndto be used to pay for it. and you said in yo bef that emtala requires in other circumstances as well stabilizing treatment to be given that federal funds don' cover. n u give an example of that? and am i right about the hyd amendment? and then can you give an example of that? general prelogar: yes. so you are right about both things. it is common undermta that hospitals are going to have to provide care where tr's not federal funding available. and i'll give you an example of a medicare patient who goes in and his emergency medical coitn means he needs a particular drug that's not covered by medicare benefits.
justice gorsuch: ok. all right. general prelogarsohe hospital could assert a consciencebjtion -- justice gorsuch: that'all. general prelogar: -- and emtala would not override that. justice barrett: my question - i have a questn out the hyde amendment. so i gather from theriing that there might be some situationsn ich emtala would require an abortion, but the hyde amendment wouldn't permit federal ndto be used to pay for it. and you said in yo bef that emtala requires in other circumstances as...
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Apr 25, 2024
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justice gorsuch: ok. justice n: general, let me ask you to respond to a couple of things petitioners' counsel said and just give you the opportunity to respond. he suggested or said that you haven'identified a circumstance in which something that emtala requires idaho wouldn't allow. and i -- i didn't get a chance to ask him, t took -- i took him to sort of mean that the way thatda's statute operates, it basically allows for a doctor say, well, in my view, you know, this health-threeng circumstance could eventually lead to death, and so i'm going to do it. so, to thextt that doctors are still able to do that, i guess, he's saying there's no preemp but is it true that there really i't in operation a difference between the two -- the emtal and what idaho has requid here? general prelogar: no. that is gravely mistaken on three levels. it's inconsistent with the actu tt of the idaho law. it's inconsistent with medical realy. and it's inconsistent with what's happening on the gun and this is a really important
justice gorsuch: ok. justice n: general, let me ask you to respond to a couple of things petitioners' counsel said and just give you the opportunity to respond. he suggested or said that you haven'identified a circumstance in which something that emtala requires idaho wouldn't allow. and i -- i didn't get a chance to ask him, t took -- i took him to sort of mean that the way thatda's statute operates, it basically allows for a doctor say, well, in my view, you know, this health-threeng...
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Apr 2, 2024
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justice gorsuch: ok. and you agree that, elsewhere in the law, when posed with questions of law, courts review those de novo, generally speaking? general prelogar: i think that, in many contexts, it's de novo. certainly not in all contexts. justice gorsuch: the examples you gave, i think, were aedpa and mandamus, right? general prelogar: yes. i think those are two good examples of situations where there are specifications of a standard of review that's more deferential. justice gorsuch: i wonder whether those have more to do with remedies, right? in a mandamus case, a court should say, or can say, what the law is. it just can't provide relief unless its conviction about the statute meaning is sufficiently clear. same thing in aedpa, that we require a heightened standard before relief is granted. same thing in sovereign immunity contexts. we may think the statute says the government's liable, but we impose a higher standard before we grant access to the fisc. general prelogar: so i acknowledge that i think
justice gorsuch: ok. and you agree that, elsewhere in the law, when posed with questions of law, courts review those de novo, generally speaking? general prelogar: i think that, in many contexts, it's de novo. certainly not in all contexts. justice gorsuch: the examples you gave, i think, were aedpa and mandamus, right? general prelogar: yes. i think those are two good examples of situations where there are specifications of a standard of review that's more deferential. justice gorsuch: i...
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Apr 1, 2024
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justice gorsuch: ms. vale -- ms. vale: -- no matter whether there's 23 states or 10. justice gorsuch: ms. vale, if -- if a lower court had entered a stay here, would you have sought cert? ms. vale: i don't know. i n't know. justice gorsuch: would you he thought it cert worthy? ms. vale: perhaps. justice gorsuch: i would have thought eith w -- ms. vale: but i think -- justicgouch: -- somebody's going to think this is cert worthy. msvale: but i think it's the applicants' burden here -- stice gorsuch: of course. ms. vale: yes. yes. to say -- justice gorsuch: of ur. but you would have borne that burden the other way around and -- ms. vale: correct. justice gorsuch: -anthis is a really important thing to both sides. ms. vale: i understand that. but i think that the issue here that they are raising in this stay posture is this epa should have conded after arising events that are still changing today -- justice gorsuch: sure. sure. valeand so i don't think justice gorsuch: and it just would have been yourn rathe
justice gorsuch: ms. vale -- ms. vale: -- no matter whether there's 23 states or 10. justice gorsuch: ms. vale, if -- if a lower court had entered a stay here, would you have sought cert? ms. vale: i don't know. i n't know. justice gorsuch: would you he thought it cert worthy? ms. vale: perhaps. justice gorsuch: i would have thought eith w -- ms. vale: but i think -- justicgouch: -- somebody's going to think this is cert worthy. msvale: but i think it's the applicants' burden here -- stice...
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Apr 26, 2024
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justice neil gorsuch, whose seat on the supreme court was procedurally stolen by a republican senator mitch mcconnell, who stole it away from president obama's constitutional right to appoint a justice, held the seat open long enough so that donald trump could put neil gorsuch's in that seat. neil gorsuch, who should be embarrassed every time he takes his seat on the supreme court, joined in the invented scenario of every president being prosecuted by the administration of his or her successor forever in the future. even though that has only happened to one president, which proves that the one president those republican justices care about is donald trump. they repeatedly tried to say that their entire concern was focused on the future, imaginary presidents, all of whom would appoint attorneys general who would become prosecutorial abusers of former presidents. samuel alito declared from the bench of the supreme court of the united states that the grand jury system in america does not work. it is one thing for flippant pendants on tv to use them overdone clichid phrase about grand jur
justice neil gorsuch, whose seat on the supreme court was procedurally stolen by a republican senator mitch mcconnell, who stole it away from president obama's constitutional right to appoint a justice, held the seat open long enough so that donald trump could put neil gorsuch's in that seat. neil gorsuch, who should be embarrassed every time he takes his seat on the supreme court, joined in the invented scenario of every president being prosecuted by the administration of his or her successor...
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Apr 19, 2024
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justice gorsuch? justice gorsuch: we've gone back and forth all morning about the standard. but you have a first amendment retaliation claim in this case, and we often look at retaliation in the title vii context. just the matter you described, the effect it would have on a reasonable person in the circumstances do you see any daylight between those two standards? mr. cole: in terms of defining what constitutes adverse action? justice gorsuch: right. mr. cole: i'm not sure that there is. i don't know that for this case one has to look very hard to see adverse action, when you see a concerted campaign, milling dollars f -- million-dollar fines, and explicit threat to a major insurance provider, we are going to go hard on you if you don't cut your ties with the nra . in that context this is clearly an adverse action under title vii, under any english-language understanding. justice gorsuch: retaliation is a familiar concept in a lot of our case law. mr. cole: and i think, look -- justice gorsuch: they have gray-area cases, all of them. mr. cole: bantam books and retaliation ar
justice gorsuch? justice gorsuch: we've gone back and forth all morning about the standard. but you have a first amendment retaliation claim in this case, and we often look at retaliation in the title vii context. just the matter you described, the effect it would have on a reasonable person in the circumstances do you see any daylight between those two standards? mr. cole: in terms of defining what constitutes adverse action? justice gorsuch: right. mr. cole: i'm not sure that there is. i...
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Apr 19, 2024
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ju as gorsuch? justice barrett? justice jackson: one quick clarification -- you say the lloyd's meeting is an explicit threat, fine. what is next in terms of proof? don't they have to show something about herotation? mr. mcdowell: so, justice jason, that gets to something mr. cole was talking about. there are two aspects tohe claim, the coercion question and the first amendment home question here the first amendment rm was based on viewpoint discmination. it would have to show that she was motivated by targeting a particular vwpoint as opposed to targeting of conduct. we just think that the complaint alleges that is what her motive was because on page 223 it says -- it says and most exquity, 223, -- explicity, 223, position appendix, she was trying to g them to aid the campaign against gun groups. there was a focus on the speech aspect of the nra as opposed any conduct. justice jackson: thank you. chief justice roberts: thank yo counsel. mr. katyal? mr. katyal: thank you, mr. chief justice, and may please the urt --
ju as gorsuch? justice barrett? justice jackson: one quick clarification -- you say the lloyd's meeting is an explicit threat, fine. what is next in terms of proof? don't they have to show something about herotation? mr. mcdowell: so, justice jason, that gets to something mr. cole was talking about. there are two aspects tohe claim, the coercion question and the first amendment home question here the first amendment rm was based on viewpoint discmination. it would have to show that she was...
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Apr 25, 2024
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this gets to what justice gorsuch was asking. can you say i was acting in the scope of my authority, be removing a cabinet officer, but the public authority defense might not apply because you had a bad motive? >> no, i don't think so. i think it operates based on objective facts disclosed to counsel, counsel then provides advice, in this case the department of justice, and it's an objectively valid defense. it's a complete defense to prosecution. >> what would be so bad -- one thing that strikes me as different -- one thing that's obviously different between the public authority defense and immunity is an appeal and having it resolved at the outset. what would be so bad about having a question like that resolved at the threshold, having it be an immunity? the same kind of question that could be brought up as a defense later, but brought up at the threshold as immunity and then an appeal would be available and it would be a freedom from standing trial, but not a get out of jail free card. >> i understand that. i think that if the
this gets to what justice gorsuch was asking. can you say i was acting in the scope of my authority, be removing a cabinet officer, but the public authority defense might not apply because you had a bad motive? >> no, i don't think so. i think it operates based on objective facts disclosed to counsel, counsel then provides advice, in this case the department of justice, and it's an objectively valid defense. it's a complete defense to prosecution. >> what would be so bad -- one...
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Apr 26, 2024
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i felt the same way about judge gorsuch's comments about 1512. i took it to think maybe he had come out on the losing end of that battle on that obstruction of an official proceeding case and maybe he was expressing sour grapes. we will see, but the argument that you are talking about is one where the justices would issue some sort of a rule, that established some way of evaluating what conduct by a president was official and what was private. i think about this in terms of trump acting as president trump on the one hand and as candidate trump on the other. that would then go back down to the lower court, presumably to make a ruling, i suppose, they could also decide to send it back to the court of appeals and trump's lawyer suggested it should go back to the district judge. you know, the silver lining is for her to make that decision. she could decide she needs to hold an evidentiary hearing and put on a miniature trial in essence before she made that determination. it would be cumbersome, it would be subject to additional layers of appeal, most
i felt the same way about judge gorsuch's comments about 1512. i took it to think maybe he had come out on the losing end of that battle on that obstruction of an official proceeding case and maybe he was expressing sour grapes. we will see, but the argument that you are talking about is one where the justices would issue some sort of a rule, that established some way of evaluating what conduct by a president was official and what was private. i think about this in terms of trump acting as...
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Apr 3, 2024
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>>usce gorsuch? >> would yougree that when the court opens a door, congress tends to walk through it? [laughter] >> i don't want to overgeneralize on the back and forth between the court and congress but if i am anticipating correctly where you'reoi -- >> maybe you are, maybe you aren't. usually e. [laughter] but if the only bar to congre from enacting a tax on millions of americans retirenaccounts and mutual funds is administrative ability, they are pretty clever over there, are toy? -- aren't ty? they know how to get around administration concerns et well. >> i think they would be good reasons for them to avoid the complexities. >> sure is a policy matter but isn't ithease that would open a big door? >> that door is already open. congress can enact that tax. >> it has been open forever in your view. >> in terms of your argument of e's no difference between income and that unreiz capital gain, you are familiar with the 1918 taxas. the government's brief inhat case, one of my industrious low clerks p
>>usce gorsuch? >> would yougree that when the court opens a door, congress tends to walk through it? [laughter] >> i don't want to overgeneralize on the back and forth between the court and congress but if i am anticipating correctly where you'reoi -- >> maybe you are, maybe you aren't. usually e. [laughter] but if the only bar to congre from enacting a tax on millions of americans retirenaccounts and mutual funds is administrative ability, they are pretty clever over...
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Apr 16, 2024
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liz: this is gorsuch and leto d glitz the foundation and stretching the enderon law and that's meant to be limited to evidence tampering and books and blowups and document destruction and stop up obstruction and investigation and accounting frauds like this and going for gorsuch and let's get your reaction to this? listen. >> so this is the statute and would a sit in that disrupts a trial or access to a federal courthouse qualify thanks to the address and would pulling of fire alarm before a vote q ualifying for 20 years in federal prison. liz: justice gorsuch and going to be deemed protester and that was a perfect sound byte. >> that was going for justice going for them this time and starting to weaponnize it against a variety of political activity in which you also heard today is how the justices examine the legislative tent behind the statute and why it was created and designed as you point out to counter the infamous documents shredding and hiding and not remotely applicable to demonstrators that disrupted a vote in congress on january 6. this is another example of joe biden in h
liz: this is gorsuch and leto d glitz the foundation and stretching the enderon law and that's meant to be limited to evidence tampering and books and blowups and document destruction and stop up obstruction and investigation and accounting frauds like this and going for gorsuch and let's get your reaction to this? listen. >> so this is the statute and would a sit in that disrupts a trial or access to a federal courthouse qualify thanks to the address and would pulling of fire alarm...
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Apr 26, 2024
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then listen at the end is neil gorsuch swoops in to save trump's lawyer. to give him a better idea. may be a delay would be a good idea to get everybody out of this. >> when you were giving your opening statements, you were talking about, you know, you suggested that the lack of immunity and the possibility of prosecution in the presidential context is like an innovation, and i understood it to be the status quo. i understood that every president from the beginning of time essentially has understood that there was a threat of prosecution and they have continued to function into their jobs and do all the things that presidents do. it seems you are asking now for a change in what the law is related to immunity. >> i would, quote, from benjamin franklin said at the constitutional convention, history provides one example only of a chief magistrate who is subject up public justice criminal prosecution. everybody cried out against that. >> i understand but since benjamin franklin, everybody is thought including presidents without the office that they were taking this office subject to pot
then listen at the end is neil gorsuch swoops in to save trump's lawyer. to give him a better idea. may be a delay would be a good idea to get everybody out of this. >> when you were giving your opening statements, you were talking about, you know, you suggested that the lack of immunity and the possibility of prosecution in the presidential context is like an innovation, and i understood it to be the status quo. i understood that every president from the beginning of time essentially has...
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Apr 5, 2024
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. >> justice gorsuch. >> good morning, general. i want to follow up on yours response to justice kagan. the level of generality question. do you think the level of generality -- i take your point you have surety laws, a lot of historical evidence. may be a historical twin. you are saying we should overlook that. in the same way, i think you would say the analysis also applies to the right side of the ledger. the regulation side and the right side. we are not looking for is it a fowler or musket. is that a fair understanding of how you see the law? >> yes, we think it applies in both directions, the rite itself and understanding the limitations built into the right. >> you had a discussion about the length of time that some of these orders last. you emphasized that you're only arguing for a temporary dispossession. i guess i'm wondering on a facial challenge, do we need to get into any of that? normally we ask on a facial challenge, is there any set of circumstances in which the disposition would be lawful. there may be a separate b
. >> justice gorsuch. >> good morning, general. i want to follow up on yours response to justice kagan. the level of generality question. do you think the level of generality -- i take your point you have surety laws, a lot of historical evidence. may be a historical twin. you are saying we should overlook that. in the same way, i think you would say the analysis also applies to the right side of the ledger. the regulation side and the right side. we are not looking for is it a...
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Apr 28, 2024
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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 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 goi
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...
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Apr 26, 2024
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justice neil gorsuch swoops in. hey, let's finish up all of this talk about presidents and former presidents knowing they can go to prison. why the rush? let's slow down and talk about having more hearings and talk about new tests for what types of behavior count as presidential behavior. new tests we will invent and that will be a long discussion and we have to spend a lot of time on that. let's talk about further proceedings, yes, further proceedings that we would like to see. >> in that case the possibility of further proceedings and trial. >> exactly right and that would be a natural course for this court to take. the court can and should reverse the categorical holding of the d.c. circuit that there is no such thing as official acts. >> what you agree further proceedings would be required? >> that is correct. >> definitely, definitely, many, many further proceedings for as long as possible. joy reid has just joined us. i'm not a lawyer and neither are you, but watching ms. proceedings today i felt that that was
justice neil gorsuch swoops in. hey, let's finish up all of this talk about presidents and former presidents knowing they can go to prison. why the rush? let's slow down and talk about having more hearings and talk about new tests for what types of behavior count as presidential behavior. new tests we will invent and that will be a long discussion and we have to spend a lot of time on that. let's talk about further proceedings, yes, further proceedings that we would like to see. >> in...
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Apr 4, 2024
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justice gorsuch and kavanaugh? >>sponse a lot of the questions you made the point that bump stocks were not around in 1934, and that's a good point for you. but what evidence is there, if an tt as of 1934 the ordinary understanding of the phrase functioofhe trigger referred to the mechanics of the gun rather than the shooter's motion? >> well, it had to, and the evidence tt can see is the evidence the solicitor general points out abo t fact that there were push triggers in extee at that time. and that function of the trigger, even thoughouan find legislative history where there seems to be peleho think function of the trigger means the same thing as pull of the trigger, those phrases cannot be equated for that very reason. >> i guess i am asking the opposite. is there any evidence that someone was drawing that distinction? >> between push and pull? >> no, the distinction between the function of the trigger ant something different. >> i'm not aware of that in legislative history. >> are you aware of that anywhere in
justice gorsuch and kavanaugh? >>sponse a lot of the questions you made the point that bump stocks were not around in 1934, and that's a good point for you. but what evidence is there, if an tt as of 1934 the ordinary understanding of the phrase functioofhe trigger referred to the mechanics of the gun rather than the shooter's motion? >> well, it had to, and the evidence tt can see is the evidence the solicitor general points out abo t fact that there were push triggers in extee at...
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justice neil gorsuch swoops in there. hey now, let's finish up off this talk about presidents and former presidents knowing they can go to prison. why the rush? let's talk about having more hearings. let's talk about new tests for what types of presidential behavior count as presidential behavior. new tests we will maybe invent. that will be a big long discussion. let's talk about further proceedings. yes. further proceedings. that we would like to see. >> and that left open in that case the possibility of furred proceedings and trial. >> exactly right. and that would be a very natural course for this court to take. this court should reverse the holding of the dc circuit that there is no such thing as official acts. >> but you agree further proceedings would be required. >> that is correct. >> definitely, many, many further proceedings. our colleague joy read has joined us. i felt that was a tell when justice gorsuch came in there and said this isn't going well. don't talk about presidents knowing they can be prosecuted b
justice neil gorsuch swoops in there. hey now, let's finish up off this talk about presidents and former presidents knowing they can go to prison. why the rush? let's talk about having more hearings. let's talk about new tests for what types of presidential behavior count as presidential behavior. new tests we will maybe invent. that will be a big long discussion. let's talk about further proceedings. yes. further proceedings. that we would like to see. >> and that left open in that case...
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Apr 25, 2024
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and so as justice gorsuch said, it's when do you do that? sorting how do you do that sorting, previous, previous case had talked about the outer perimeter of presidential power. and the government's position here is that trying to arrange a coup to stay in power, trying to falsify electoral votes is, well outside. any idea of what a president should be doing, and that there's no need to sort this out in this case. but i think at least several of the justices are going to be open to the possibility that the trial judge will be directed to do some sorting here and make sure that the government is only prosecuting on matters that are beyond that perimeter. >> and, david, you know, you brought this up in your answer there just a moment ago, that one of the things that justices like to do is kind of game out different hypotheticals in this case, they gamed out the possibility of an assassination. they talked about whether fdr could be prosecuted for the internment of japanese americans during world war two. how does that figure and how do those q
and so as justice gorsuch said, it's when do you do that? sorting how do you do that sorting, previous, previous case had talked about the outer perimeter of presidential power. and the government's position here is that trying to arrange a coup to stay in power, trying to falsify electoral votes is, well outside. any idea of what a president should be doing, and that there's no need to sort this out in this case. but i think at least several of the justices are going to be open to the...
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Apr 17, 2024
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neil gorsuch did just completely shred the government's argument. important not only for the 300 plus that have been charged under this statute but two of the four counts in the d.c. case that jack smith has brought against donald trump are this exact statute. >> harris: this idea of walking outside the bounds of what we normally see in legal proceedings is also happening in new york. we've never seen a case up against donald trump in new york, either. >> we've never seen that but remember there are so many other important crimes that should be on trial right now in new york and they are not being prosecuted. they aren't being pursued because a lot of the resources of the new york district attorney's office under alvin bragg are being focused on donald trump and trying to bring him down. again, novel legal theories with extensions of the statute of limitation and it is going to eventually all these things are going to fall apart on appeal. >> harris: we'll have to see if it happens before november 5th. that might be politically what democrats are wo
neil gorsuch did just completely shred the government's argument. important not only for the 300 plus that have been charged under this statute but two of the four counts in the d.c. case that jack smith has brought against donald trump are this exact statute. >> harris: this idea of walking outside the bounds of what we normally see in legal proceedings is also happening in new york. we've never seen a case up against donald trump in new york, either. >> we've never seen that but...
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those justices i'm thinking of, just as matt cavanaugh, chief justice john roberts, and justice neil gorsuch, for example, go through one by one and it pretty clear that they were not going to come out in this case the way jack smith wants them to come out. and at that point it is a numbers game that i don't think looks too good for him. >> mark, were you as surprised as i was to hear the lena questioning that came out of some of the more conservative justices, like matt cavanaugh and neil gorsuch's and samuel alito? >> i was. and the sense that i got from those justices was that to them, to their minds, the real threat to democracy was not trump's effort on january 6th to overturn a free and fair presidential election, the true threat to democracy is the justice department's effort to hold him accountable for that act. and i did not expect this kind of minimization of january 6th that we saw from the justices. frankly my sense is that the conservative bloc just did not think that the insurrection at the capital was that big of a deal. so instead of hearing concern about what it would mean t
those justices i'm thinking of, just as matt cavanaugh, chief justice john roberts, and justice neil gorsuch, for example, go through one by one and it pretty clear that they were not going to come out in this case the way jack smith wants them to come out. and at that point it is a numbers game that i don't think looks too good for him. >> mark, were you as surprised as i was to hear the lena questioning that came out of some of the more conservative justices, like matt cavanaugh and...
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Apr 28, 2024
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. >> justice gorsuch? >> returning to the chief justice's hypothetical about the ambassador sale in bribery. congress has a statute that names the president and says he can be criminally prosecuted for bribery presumably after he leaves office. outside the core areas the justice kavanaugh was talking about, when congress speaks clearly, couldn't a statute like that, couldn't congress provide a statute like that that would allow all manner of evidence to come in to prove the case? >> our position is that would have to be an unofficial act, purely private conduct for the prosecution to go forward. >> but outside the core areas of executive power, if there is a clear statement from congress that something is unlawful and it applies to the president, i'm struggling to see why in that case perhaps the evidence could come in. >> the strongest possible cases what you described describe as the core executive powers. the unrestricted bowl powers. this doesn't turn on how central it is of a legislative act is. it's
. >> justice gorsuch? >> returning to the chief justice's hypothetical about the ambassador sale in bribery. congress has a statute that names the president and says he can be criminally prosecuted for bribery presumably after he leaves office. outside the core areas the justice kavanaugh was talking about, when congress speaks clearly, couldn't a statute like that, couldn't congress provide a statute like that that would allow all manner of evidence to come in to prove the case?...
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and then you get to the real world effects on citizens that justice gorsuch alluded to. i would like to emphasize its effect on congress. the court was originally doing chevron it was looking only at a comparison between article two and article three. i think you got even that question wrong. it failed to think about the incentives it was giving the article on branch. that is what 40 years of experience has shown us. in 40 years it has shown that it is virtually impossible to legislate a meaningful issues and major questions, if you will. right now roughly half the people in congress at any given point of want to have their friends in the executive branch. their choice on a controversial issue is compromised and forges a long-term solution at the cost of maybe getting a primary challenge of orange dad, just call up your buddy who used to be your call staffer in the executive branch now and have him give everything on your wish list, based on a broad statutory term. my friends asked for empirical evidence, i think you just have to look at this or stockett. it's been one m
and then you get to the real world effects on citizens that justice gorsuch alluded to. i would like to emphasize its effect on congress. the court was originally doing chevron it was looking only at a comparison between article two and article three. i think you got even that question wrong. it failed to think about the incentives it was giving the article on branch. that is what 40 years of experience has shown us. in 40 years it has shown that it is virtually impossible to legislate a...
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gorsuch said yesterday that he and the other justices are writing a rule for the ages. now while trump wants full immunity from prosecution, justice kagan noted the framers of the constitution wrote no such clause for a president. >> they were reacting against a monarch who claims to be above the law. wasn't the whole point that the president was not a monarch and the president was not supposed to be above the law. >> 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, will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? >> there are lawful mechanisms to contest the results in an election and outside the record, but i think of public knowledge, petitioner and his allies filed dozens of electoral challenges. >> trump lost those legal challenges to the 2020 election. end of june is the last we woul
gorsuch said yesterday that he and the other justices are writing a rule for the ages. now while trump wants full immunity from prosecution, justice kagan noted the framers of the constitution wrote no such clause for a president. >> they were reacting against a monarch who claims to be above the law. wasn't the whole point that the president was not a monarch and the president was not supposed to be above the law. >> if an incumbent who loses a very close, hotly contested election...
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thank you. >> justice gorsuch? >> i wanted to confirm i thought i heard that you thought that the blasinga fmework was the appropriate one. >> largely, yes. we agree with the idea of the diinion between officeholder and office seeker. ao agree that if it is objectively reasonable to view tivities as those of officeholder, then the fitzgerald immunity kicks . i think we would look more at the content of the actua interaction in order to make that determination t blasingame suggested on the facts of the case might be approprie. >> can y ge me an example of >> can you give me an example of what you have in mind might be appropriat i'm trying to understand the nuance. >> blasingame, a generally very favorable, pro-government amework that we endorse. >> i would have thought. >> notere, because we don't think fitzgeraldes. >> i understand that, but putting that aside, the distinction beofficial act and private office seeker, their test is you think good enough for ment work? >> on this one, the department hasn't takext s
thank you. >> justice gorsuch? >> i wanted to confirm i thought i heard that you thought that the blasinga fmework was the appropriate one. >> largely, yes. we agree with the idea of the diinion between officeholder and office seeker. ao agree that if it is objectively reasonable to view tivities as those of officeholder, then the fitzgerald immunity kicks . i think we would look more at the content of the actua interaction in order to make that determination t blasingame...
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it does not name the president, justice gorsuch, it does not specifically name the president. >> i assume that's personal. that's what brewster said. bribery statute seven says the president. i have it in front of me and so there is that. let me just back up, though, just a second what was a quick exchange with justice kavanaugh that i want to make sure i understand. did you agree there are some core functions of the executive president conduct that congress cannot criminalize. we can call it immunity or can't do it. what's the difference? >> an applied article ii challenge. >> can we call it immunity so we're narrowing the ground of dispute here. it seems to me there is some area you concede that official acts that congress cannot criminalize. now we are talking about the scope. >> i don't think it's a just. a very significant gap between any official act and the small core of exclusive official acts. >> i got that. i want to explore that, okay? so, for example, let's say a president leads a mostly peaceful protest sit-in in front of congress because he objects to a piece of legislation
it does not name the president, justice gorsuch, it does not specifically name the president. >> i assume that's personal. that's what brewster said. bribery statute seven says the president. i have it in front of me and so there is that. let me just back up, though, just a second what was a quick exchange with justice kavanaugh that i want to make sure i understand. did you agree there are some core functions of the executive president conduct that congress cannot criminalize. we can...
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joining us now in the studio with details on the dramatic day in court, jenna, christian justice gorsuch said today that this decision will be writing a rule for the ages in this case could lay out the entire scope of how we define presidential power. >> donald trump's attorney, d john sauer, began the hearing with his opening statements without presidential immunity from criminal prosecution, there can be no presidency as we know it. >> for 234 years of american history, no president was ever prosecuted for his official acts. >> sauer claimed donald trump's actions were official when trump tried to switch the 2020 election results to his favor, trump's attorney argued that a former president should qualify for immunity from prosecution for official acts while in office. but the government's attorney, michael dreeben, said such presidential immunity has no foundation in the constitution or the supreme court's history. >> this court has never recognized absolute criminal immunity for any public official. his novel theory would immunize former presidents for criminal liability for bribery,
joining us now in the studio with details on the dramatic day in court, jenna, christian justice gorsuch said today that this decision will be writing a rule for the ages in this case could lay out the entire scope of how we define presidential power. >> donald trump's attorney, d john sauer, began the hearing with his opening statements without presidential immunity from criminal prosecution, there can be no presidency as we know it. >> for 234 years of american history, no...
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to the lower courts and they will have to use the test to ascertain what happened here in as justice gorsuch said what that's going to involve is looking into the mind of the president and trying to ascertain motive why was he doing what he was doing and the outer limits of both sides, one side best articulated by justice jackson and the other by corsets, comes down to the two extremes because as neil gorsuch said you speaking to the ages this will be with us for the rest of our lives, remember whether it evolves to the credit of the sitting president or not during an election we should remember that it is part of the president's official duties to ensure that the integrity of our election system is sound whether it cuts against him or not and it's an argument that donald trump's actions if he believed that the election had really been undermined are within his official duties if he felt like it had been impugned. maria: were to be watching that. by the way it's good to see you. i wanted to ask you about harvey weinstein and the rape charge overturned in new york. real quick. >> i think that
to the lower courts and they will have to use the test to ascertain what happened here in as justice gorsuch said what that's going to involve is looking into the mind of the president and trying to ascertain motive why was he doing what he was doing and the outer limits of both sides, one side best articulated by justice jackson and the other by corsets, comes down to the two extremes because as neil gorsuch said you speaking to the ages this will be with us for the rest of our lives, remember...
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i believe it was justice gorsuch. he was presenting a hypothetical to dreeben, and he said, what if a president organizes a peaceful sit-in at the capitol and one that disrupts legislation, disrupts the lawful proceeding of votes, would that be criminal? that seemed to be a hypothetical that just sits right next to what happened on january 6th and it felt like dreeben didn't quite have an answer for that. >> so i disagree. >> tell me why. >> exactly. i know that you're asking for that. because i think he did, and a couple of points. one, michael dreeben was asked was he there just in this role as sort of counsel for the special counsel or were you there speaking for the department of justice as essentially as part of the solicitor general's office and he said i have consulted with the solicitor general and i'm speaking for the department. and it's because he said this -- the case raises issues that go far beyond just a special counsel case. and so that's where his history with the solicitor general's office was so imp
i believe it was justice gorsuch. he was presenting a hypothetical to dreeben, and he said, what if a president organizes a peaceful sit-in at the capitol and one that disrupts legislation, disrupts the lawful proceeding of votes, would that be criminal? that seemed to be a hypothetical that just sits right next to what happened on january 6th and it felt like dreeben didn't quite have an answer for that. >> so i disagree. >> tell me why. >> exactly. i know that you're asking...
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. >> thank you justice gorsuch. just returning to the chief justices hypothetical about the ambassador sale and bribery congress has a statute that specifically names the president, says he can be criminally prosecuted for bribery presumably after he leaves office outside the core areas that the justice kavanaugh was talking about when congress speaks clearly, couldn't a statute like that congress provides a statute like that. that would allow all manner of evidence to come in to prove the case i think our position is that would have to be in an official act, purely private conduct for that prosecution to go forward. all right. but outside the core areas of executive power, if there's is it clear statement from congress that something is unlawful. and it applies to the president i'm struggling to see why in that case, perhaps the evidence could come in. >> the strongest possible case. and our view is what you've described as kind of the core executive powers, the unrestricted powers within the meeting of sila law bu
. >> thank you justice gorsuch. just returning to the chief justices hypothetical about the ambassador sale and bribery congress has a statute that specifically names the president, says he can be criminally prosecuted for bribery presumably after he leaves office outside the core areas that the justice kavanaugh was talking about when congress speaks clearly, couldn't a statute like that congress provides a statute like that. that would allow all manner of evidence to come in to prove...
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gorsuch warned about prosecutors misusing criminal law to target political opponents. and alito warned of a slipperyod with a loser in an election. always get gets prosecuted likek in banana republic.n cl >> so it's pretty clear to me that this is the that willt that grant some form of immunity becausrant se they were focusino much on the nixon v fitzgerald case for decades ago that did give presidents immunity from, civil lawsuits with certain conditions. so i think the court may extend that immunity protection to criminal prosecutourte russie because the same reasoning applies in the alternativeof thy i mean, they may say, well, we're going to send ite god back to the lower couritt with guidance on immunity parameters and allowt that cout to craft the rule for further review. but either way, i think the j6si trump case in washington gets sent back downet. onatha and jonathan's right, that process is time consuming. briefs at pro court hearings further repeal. >> it seems impossible now that trial can take place before the election. >> yeah. professohe electr, i'm dyi
gorsuch warned about prosecutors misusing criminal law to target political opponents. and alito warned of a slipperyod with a loser in an election. always get gets prosecuted likek in banana republic.n cl >> so it's pretty clear to me that this is the that willt that grant some form of immunity becausrant se they were focusino much on the nixon v fitzgerald case for decades ago that did give presidents immunity from, civil lawsuits with certain conditions. so i think the court may extend...
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skeptical of your the way you portray the six justice majority as this monolithic thing you've had gorsuch siding with criminal defendants more than almost anybody that kagan siding with conservatives you've had contingent brown, jackson and gorsuch having an alliance. i just don't think it's as all that monolithic at the same time by all means, if the democrats want to spend a lot of time having confirmation battle in the senate i'm not sure it's the highest best use dime of media exposure and arguments, but no skin off my nose. >> but what is your essential arguments? so first of all, i don't think that model >> nothing i say in the piece actually, currently you're able to get some 5-4 wins for progressive causes. >> doesn't happen. you have six, three ones at doesn't happen othis, but th n'happen under sen t myorry iseve, i ha ptsd he from 2020, i think the democrats didn'arn leons. look, what are we talking about tion rhts? how did that happen? dobbs, how did the florida desion happened day? desantis appointed five of the seven judges republins are very >> good at stacking. courts e ge
skeptical of your the way you portray the six justice majority as this monolithic thing you've had gorsuch siding with criminal defendants more than almost anybody that kagan siding with conservatives you've had contingent brown, jackson and gorsuch having an alliance. i just don't think it's as all that monolithic at the same time by all means, if the democrats want to spend a lot of time having confirmation battle in the senate i'm not sure it's the highest best use dime of media exposure and...
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justice courtship -- gorsuch said it could be censorship. they could be forcing these companies to take down or remove speech the government objects to . that, i don't quite see happening here. as opposed to the other theory you allege in that they don't like what we do and they are using the levers of government to prevent us from operating. >> if there were distinction in the first amendment between censorship and speech because of its content, that would be great but the amendment requires strict scrutiny when that government sensors speech because it doesn't like it's content or when it hardens speech because it doesn't like it's content. in this case, it is burden rather than sensor but it does not in any way alter the logic of bantam books or the way bantam books has been applied for 60 years. it has been applied consistency to situations. >> i have not seen this situation. >> with all due respect, that pages the seventh circuit decision by judge pozen or. it is similar and it was a sheriff who did not like a particular social media pl
justice courtship -- gorsuch said it could be censorship. they could be forcing these companies to take down or remove speech the government objects to . that, i don't quite see happening here. as opposed to the other theory you allege in that they don't like what we do and they are using the levers of government to prevent us from operating. >> if there were distinction in the first amendment between censorship and speech because of its content, that would be great but the amendment...
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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 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 goi
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...
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gorsuch is the most pro criminal defendant justice on the court, regardless of the politics of it, that's why he votes with liberals all the time. i think there is zero chance that any justice will, will endorse trump's view of complete and total immunity to criminal things. trump will lose that nine zero, whether there's a qualified immunity dependent on specific cases in circumstances, maybe on capitol hills speaker mike johnson with some fancy footwork to win a key vote in the house amid republican threatened just a firearm. so did johnson out fox, the far right then pulling the plug with a big drop in sales we're asking, is tesla in trouble? and later double whammy are tortured poets are ready to dish taylor swift's big albums surprise you know that i you're there's new ally in the fight against climate change. this is new car business bucaram, and we just need to protect sure we'll do the rest. >> blue carbon plus cnn filled tomorrow at nine lactate is 100% real melt just without the lactose delicious to just ask my old friend kevin. now going like enjoying the cold one while watchin
gorsuch is the most pro criminal defendant justice on the court, regardless of the politics of it, that's why he votes with liberals all the time. i think there is zero chance that any justice will, will endorse trump's view of complete and total immunity to criminal things. trump will lose that nine zero, whether there's a qualified immunity dependent on specific cases in circumstances, maybe on capitol hills speaker mike johnson with some fancy footwork to win a key vote in the house amid...
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justice neil gorsuch declaring they are, quote, writing a rule for the
justice neil gorsuch declaring they are, quote, writing a rule for the
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Apr 25, 2024
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i think justice gorsuch said, i'm not worried about this case worried about the future case, and i think a lot of people were very upset about how much of the discussion today was not about the actual case before the court, but from hypothetical cases that could happen in the future. but not ever happened. but before they get angry at the court for asking those questions, they have to think about the fact that well, suppose on january 20, 2025, a man takes over in the white house who wants to seek retribution on his political enemies and who appoints an attorney general who would bring prosecutions against people who opposed this president in the past. these are legitimate questions and they are actually real questions to be asked. and it's sort of like i think of it as a variant on the old the old expression that you hear in the law of of, of hard cases make bad law bad people make hard law. and that's the thing that the supreme court is struggling with is they they i don't think there's a single vote on this court that's going to allow him not to be prosecuted. but what he did and tryi
i think justice gorsuch said, i'm not worried about this case worried about the future case, and i think a lot of people were very upset about how much of the discussion today was not about the actual case before the court, but from hypothetical cases that could happen in the future. but not ever happened. but before they get angry at the court for asking those questions, they have to think about the fact that well, suppose on january 20, 2025, a man takes over in the white house who wants to...
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and so you'll hear, justice gorsuch describing what he says he sees at play here. listen i'm not concerned about this case, but i am concerned about future uses of the criminal law to target political opponents based on accusations about their motives whether it's reelection or who knows what corrupt means in 15, 12 right? >> we don't know what that means maybe we'll find out sometime soon. but the dangerousness of accusing europe political opponent of having bad motives and if that's enough to overcome your core powers or any other limits and listen, i mean, one of the most bizarre parts of the today, it's sort of was i think one of the justices raises the prospect that a president might want to commit acts illegal acts, in order to remain in power. >> what does that remind you of, right i know what it's like. they're talking about the 2020 election and this case that we're talking about, right? so it's clear that they're very much focused on this idea that there would be a cycle of retribution. and again, that's something that donald trump and his team i've have
and so you'll hear, justice gorsuch describing what he says he sees at play here. listen i'm not concerned about this case, but i am concerned about future uses of the criminal law to target political opponents based on accusations about their motives whether it's reelection or who knows what corrupt means in 15, 12 right? >> we don't know what that means maybe we'll find out sometime soon. but the dangerousness of accusing europe political opponent of having bad motives and if that's...
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Apr 25, 2024
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justice gorsuch pitch, the future use of criminal law to impute them omits an intensive political opponents is dangerous. he also said something we need to remember, what is the supreme court's job? we are making allow for the ages is not about donald trump. if i was up don't get my joe biden i will be ready today because are we to believe that the joe biden family acts and the gazillions of dollars that they have shoveled in the public acts. he had left the vice president he was not writing yet -- everybody needs to worry. also justice kavanaugh quoting previous opinions by justice gildea and basically saying that just a scalia, is saying that te question is not really what the law permits. not work at the law produce in any specific case. again they are brought in making things better. if a la trump i would be happy with this because they are three options, full immunity is probably a 10% chance of that and there's no trial. no immunity they're going to have a very quick trial. this is the only thing i've ever seen go quickly in new york city and washington, d.c. places where i've lived,
justice gorsuch pitch, the future use of criminal law to impute them omits an intensive political opponents is dangerous. he also said something we need to remember, what is the supreme court's job? we are making allow for the ages is not about donald trump. if i was up don't get my joe biden i will be ready today because are we to believe that the joe biden family acts and the gazillions of dollars that they have shoveled in the public acts. he had left the vice president he was not writing...
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to thank the six justices, john roberts, clarence thomas, fred cavanaugh, amy coney barrett and neil gorsuch. incredible people. for having the courage to allow this long-term, hard-fought battle to finally end. this 50 year battle over roe v. wade took it out of the federal hands and brought it into the hands, minds and hearts of the people of each state. now it is up to the states to do the right thing. like ronald reagan i am strongly in favor of exceptions for rape, incest and life of the mother. you must follow your heart on this issue but you also must win elections to restore culture and win back our country which is currently and sadly a nation in decline. vice president harris: the former president yet again how proud he is of his responsibility for overturning roe v. wade. he said he is probably responsible for overturning roe v. wade. one in three women of reproductive age now live in a state with an abortion ban and probably responsible that doctors and nurses can be jailed in some states for life for providing care. probably responsible that states have passed bands with no exce
to thank the six justices, john roberts, clarence thomas, fred cavanaugh, amy coney barrett and neil gorsuch. incredible people. for having the courage to allow this long-term, hard-fought battle to finally end. this 50 year battle over roe v. wade took it out of the federal hands and brought it into the hands, minds and hearts of the people of each state. now it is up to the states to do the right thing. like ronald reagan i am strongly in favor of exceptions for rape, incest and life of the...
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justice neil gorsuch declaring they are, quote, writing a rule for the ages. how long before they issue their decision? will the case go to trial before the election, if at all? terry moran at the supreme court. >>> the criminal trial of donald trump here in new york. the former publisher of "the national enquirer," david pecker, describing payments to made to playboy model karen mcdougal, who clayed to have a year-long relationship with trump. aaron katersky at the courthouse. >>> the stunning decision involving disgraced movie mogul harvey weinstein. new york's appellate court overturning his rape conviction. the case that launched the me too movement, now likely headed for a retrial. >>> disturbing images of the police crackdown on campus protests across the u.s. officers tasing a protester at emory university. new pro-palestinian demonstrations breaking out at more schools. usc now canceling its main graduation ceremony, as protesters face a deadline to clear out at columbia. stephanie ramos standing by. >>> authorities investigating the death of a man fol
justice neil gorsuch declaring they are, quote, writing a rule for the ages. how long before they issue their decision? will the case go to trial before the election, if at all? terry moran at the supreme court. >>> the criminal trial of donald trump here in new york. the former publisher of "the national enquirer," david pecker, describing payments to made to playboy model karen mcdougal, who clayed to have a year-long relationship with trump. aaron katersky at the...
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Apr 25, 2024
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i thought i heard you thought the framework was appropriate. >> largely, yes, justice gorsuch. we agree with the idea of the distinction between office holder and office seeker. we also agree that if it's objectively reasonable to view the activities as those of office holder, then the fitzgerald immunity kicks in. i think we would look more at the content of the actual interaction in order to make that determination at least on the facts of that case might be appropriate. >> can you give me an example of what you have in mind? i'm trying to understand what nuance you are suggesting. >> it was a favorable pro-government framework that we endorse. >> i would have thought. >> not here. we don't think that fitzgerald applies in the criminal -- >> i understand that. putting that aside, the distinction between official act and private office seeker, their test is, you think, good enough for government work? >> on this one, the department hasn't taken a next step since the decision. let me offer a few thoughts that might clarify it. the decision focused on objective indications to tr
i thought i heard you thought the framework was appropriate. >> largely, yes, justice gorsuch. we agree with the idea of the distinction between office holder and office seeker. we also agree that if it's objectively reasonable to view the activities as those of office holder, then the fitzgerald immunity kicks in. i think we would look more at the content of the actual interaction in order to make that determination at least on the facts of that case might be appropriate. >> can...
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Apr 24, 2024
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joining me now, my legal eagles, mike davis, article three president, former law clerk to justice neil gorsuch and bret tolman, and right on crime. mike, start with you. i will jen psaki it for a moment and circle back to a prosecutor i mentioned in the angle, matthew colangelo. watch. >> why matthew colangelo, why would he give the opening? >> one thing alvin bragg has done well, pick prosecutors who are experienced and have interest about donald trump. matthew colangelo is an example of someone who helped to -- the donald trump and he knows his way around a courtroom. >> laura: mike, he mentions nothing of the fact matthew colangelo, one of the top officials at doj and worked for leticia james. no involvement at all, not ap appearance of involvement from this administration? >> yeah, so matthew colangelo is the -- was senior political appointee in the biden justice department, acting number three on the parachute team and number two to the number three. before that he worked for the obama justice department, the obama white house for tom perez, for eric holder, this guy is the f forrest gump
joining me now, my legal eagles, mike davis, article three president, former law clerk to justice neil gorsuch and bret tolman, and right on crime. mike, start with you. i will jen psaki it for a moment and circle back to a prosecutor i mentioned in the angle, matthew colangelo. watch. >> why matthew colangelo, why would he give the opening? >> one thing alvin bragg has done well, pick prosecutors who are experienced and have interest about donald trump. matthew colangelo is an...
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Apr 4, 2024
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the most notable display, this, which i thought was very silly during oral arguments, is justice gorsuch i probably shouldn't say in a room of people who work for the supreme court are here before the supreme court, but he was talking about, you know, there's a lot of judicial modesty in changing being able to change your mind saying says this powerful life appointed supreme court clerk who supreme court justice but anyway, we'll see how. it plays out. okay. let me just modify my there will be high issues where will make the difference. yes the front page issues the chevron decision will make a difference in 98% of all the nation's fees. do i think it will make almost no difference. okay. so moving on, because i want to leave time for other people to ask questions. one thing that you hear businesses say and again and increasingly governments say again, again is we want all of our decisions to be informed by data, want data driven decisions. they've been talking about this for a long time, but they finally have become better at deploying data to inform public policy in big ways and in sma
the most notable display, this, which i thought was very silly during oral arguments, is justice gorsuch i probably shouldn't say in a room of people who work for the supreme court are here before the supreme court, but he was talking about, you know, there's a lot of judicial modesty in changing being able to change your mind saying says this powerful life appointed supreme court clerk who supreme court justice but anyway, we'll see how. it plays out. okay. let me just modify my there will be...
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Apr 26, 2024
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justices were quick to point out this case will stretch far beyond the age of donald trump and neil gorsuch said yesterday he and his colleagues are writing a rule for the ages and trump wants full immunity, justice alayna noted the framers of the constitution wrote no such clause. >> they were reacting against a monarch claiming to be above the law. wasn't the whole point that the president was not a monarch and not supposed to be above the laugh. >> if an imcome bent who loses a very close highly contested election knows that a real possibility after leaving office is not that president president goes off into a peaceful retirement but that the president may be criminally prosecuted by a political bitter opponent, will that not lead us into a psychothat will destabilizes the functioning of our country as a democracy? trump and his allies filed dozens and losing to the result of the election. if trump is not immune, we may see a federal trial like the summer or early this fall. it goes away completely in washington dc and if there's snags or delays and goes back to district court appeals c
justices were quick to point out this case will stretch far beyond the age of donald trump and neil gorsuch said yesterday he and his colleagues are writing a rule for the ages and trump wants full immunity, justice alayna noted the framers of the constitution wrote no such clause. >> they were reacting against a monarch claiming to be above the law. wasn't the whole point that the president was not a monarch and not supposed to be above the laugh. >> if an imcome bent who loses a...