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>> reporter: and justice ketanji brown jackson asked if there is no accountability, what would stop a president from "turning the oval office into the seat of criminal activity in this country." >> 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 abandon while they're in office? >> reporter: but conservative justices, while not embracing the full trump argument, made the case that presidents need some protection from criminal prosecution. >> presidents have to make a lot of tough decisions about enforcing the law and they have to make decisions about questions that are unsettled. did i understand you to say, well, you know, if he makes a mistake, he makes a mistake, he's subject to the criminal laws just like anybody else? you don't think he's in a special -- a peculiarly precarious position? >> reporter: in the end, the court seemed to be searching for a middle ground -- a line between presidents' official acts, and their purely personal deeds, which could be grounds f
>> reporter: and justice ketanji brown jackson asked if there is no accountability, what would stop a president from "turning the oval office into the seat of criminal activity in this country." >> 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 abandon while they're in office? >> reporter: but conservative justices, while not embracing the full trump...
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Apr 26, 2024
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that is what ketanji brown jackson, justice jackson kept saying. should we actually answer the question, does a president have blanket immunity? they were going all around trying not to answer it. we actually need the answer to it. to your point rachel, now that we've given the theoretical's of a coup attempt, killing your opponent, bribery, treason, murder, now that we put it on the table where trump can hear it, where he can see it and find it, don't we need to know just in case he becomes president whether he can kill people? he now knows that, in theory, he's got four, five people on the court to think maybe he can. >> the argument about that today was we will carve out an area of private acts only and those ones and those once they can be prosecuted for eventually someday. but, it's going to be an elaborate test. >> don't forget, you have to do impeachment, conviction, before you can get to criminal prosecution. >> which has never happened in the history of the united states. >> ergo the reason why they are creating a higher, more impossible b
that is what ketanji brown jackson, justice jackson kept saying. should we actually answer the question, does a president have blanket immunity? they were going all around trying not to answer it. we actually need the answer to it. to your point rachel, now that we've given the theoretical's of a coup attempt, killing your opponent, bribery, treason, murder, now that we put it on the table where trump can hear it, where he can see it and find it, don't we need to know just in case he becomes...
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Apr 26, 2024
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ketanji brown jackson had the best analysis at the end of all of this. why can't we just answer the question the way it has been posed? if we just say, no, you don't get that in no -- that immunity, then we don't have to do this, i'm putting this in this bucket, private in this bucket, and never the twain shall meet. this bizarre, one legged stool, justice roberts analysis, that rubric does not work. it's fatally flawed and leads to delay and bad precedent and bad law, which is why if you just answer the question, no, you do not get immunity for that. >> you do not need a new test. >> you don't have to worry about new trials and district court rulings and more appeals and more delay. then you get to amy coney barrett's point point you can get back to where it needs to be and you don't have to exercise out the official part of it, you don't have to exercise that out. you can presented to the jury with instructions, that happens every day. >> liberal justices were trying to say there is a way to do this. here is a way we can. >> she tried, because she was
ketanji brown jackson had the best analysis at the end of all of this. why can't we just answer the question the way it has been posed? if we just say, no, you don't get that in no -- that immunity, then we don't have to do this, i'm putting this in this bucket, private in this bucket, and never the twain shall meet. this bizarre, one legged stool, justice roberts analysis, that rubric does not work. it's fatally flawed and leads to delay and bad precedent and bad law, which is why if you just...
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Apr 26, 2024
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one of the things ketanji brown jackson brought up, which is another highlighter which pairs with that point, there's lots of people with tough jobs out there. they all might face criminal prosecution. somehow they manage to do their jobs, and actually isn't it probably good they're going to do something and they go to their lawyer like, will i get thrown in jail for this? that seems oo like good check. in illinois 4 of 11 governors went to prison. it was good you might end up in jail if for instance you sold commercial driver's licenses for bribes as a former governor did when he was secretary of state. like those were official acts, but that sort of damocles hanging over your head probably a useful restraint when wielding great power. >> can i just talk about the first clip you played, the idea what did sour say, the official stuff needs to be expunged, we need to have a separation between the private acts and official acts. "a," i think it's a delay tactic. but "b," if it's remanded back to district court and a whole new series of tests arises what part is official and what part is
one of the things ketanji brown jackson brought up, which is another highlighter which pairs with that point, there's lots of people with tough jobs out there. they all might face criminal prosecution. somehow they manage to do their jobs, and actually isn't it probably good they're going to do something and they go to their lawyer like, will i get thrown in jail for this? that seems oo like good check. in illinois 4 of 11 governors went to prison. it was good you might end up in jail if for...
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Apr 30, 2024
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. >> ketanji brown jackson. >> ketanji brown jackson is my successor and she's a hard worker and intelligent woman who we will see, and she will see. >> you have said with regard to how we run the court that if there were the kind of time limit for justices, without going into them having to worry about their next job, that could be a workable solution to some of the other concerns people have. >> when i discussed this in the past, people talk about changing the system at the court, and we have a system where the constitution says appointed in good behavior, which is taken to mean life. i could change that, maybe you need a constitutional amendment. i haven't looked into it much. >> you made a choice to figure out how you want to serve. when we spoke, this is now almost a decade ago, here's what you told me. >> how do you know in a jub where only you decide, how do you know when it's time to retire? >> that's a good question. and i feel i will know. and i feel so far i seem to be able to do the job. and there will perhaps be some indication or i'll think about it, but i haven't thought it th
. >> ketanji brown jackson. >> ketanji brown jackson is my successor and she's a hard worker and intelligent woman who we will see, and she will see. >> you have said with regard to how we run the court that if there were the kind of time limit for justices, without going into them having to worry about their next job, that could be a workable solution to some of the other concerns people have. >> when i discussed this in the past, people talk about changing the system...
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Apr 19, 2024
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[cheers and applause] and put ketanji brown jackson on the supreme court. thank you, joe biden. [cheers and applause] he rebuilt the refugee program that was decimated by his predecessor and brought together a coalition of world leaders to stop russian aggression in ukraine. thank you, joe biden. [cheers and applause] we are standing here in the martin luther king recreation center for children. as family members who lost our father, let us not forget that president biden has always advocated for the rights of people to live, to play, and to go to school in communities free of gun violence. he signed the most significant bipartisan gun safety legislation in 30 years. thank you, joe biden. [cheers and applause] as donald trump proudly bragged about overturning roe v. wade, rolling back the clock 50 years to when women could not make our own health care decisions, president biden is fighting to get our freedoms back. thank you, joe biden. [cheers and applause] this is only part of the very long list of freedoms and rights that president biden is protecting during a period of const
[cheers and applause] and put ketanji brown jackson on the supreme court. thank you, joe biden. [cheers and applause] he rebuilt the refugee program that was decimated by his predecessor and brought together a coalition of world leaders to stop russian aggression in ukraine. thank you, joe biden. [cheers and applause] we are standing here in the martin luther king recreation center for children. as family members who lost our father, let us not forget that president biden has always advocated...
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Apr 11, 2024
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i have seen justice ketanji brown jackson and what she can do. i have seen what justice caden can do and sodomeyer and ginsburg before that. this is a huge issue. now i do think the supreme court can take them seriously. particularly when they are as well done as this brief is. they destroy this presidential claim and they say it is. this is a claim that the president is not an elected official. he is a king. and he is above the law. and there is no principle in our constitution that is more anathema than that. they explained a president could be criminally indicted. that person was donald trump's own lawyer who said don't impeach him. you can indict him after he leaves office. that was one of the few times donald trump's lawyer got the constitution right. >> neil, let's do jump back to this issue of how voting affects who the supreme court justices are. both of us have been trying to make this point and this happens in human experience. sometimes the lesson has to be learned the hard way. and it does seem like some voters have learned this lesso
i have seen justice ketanji brown jackson and what she can do. i have seen what justice caden can do and sodomeyer and ginsburg before that. this is a huge issue. now i do think the supreme court can take them seriously. particularly when they are as well done as this brief is. they destroy this presidential claim and they say it is. this is a claim that the president is not an elected official. he is a king. and he is above the law. and there is no principle in our constitution that is more...
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Apr 26, 2024
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justice ketanji brown jackson interrupted the questioning of donald trump's lawyer early in the hearing with this. >> you suggested the lack of immunity and the possibility of prosecution in the presidential context is like an innovation. and mike 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 if for no other reason than the constitution suggests they can be prosecuted after impeachment , that the office of legal counsel has said forever that presidents are immutable to a threat of prosecution, and they have continued to function and do their jobs and do all the things presidents do. so, it seems to me that you are asking now for a change in what the law is related to immunity. everybody has taught, including the presidents who have held the office that they were taking this office subject to potential criminal prosecution, no? >> i see the opposite. i see all the evidence going the way. marbury versus madison, mississippi versus johnson discussed the broad community pr
justice ketanji brown jackson interrupted the questioning of donald trump's lawyer early in the hearing with this. >> you suggested the lack of immunity and the possibility of prosecution in the presidential context is like an innovation. and mike 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 if for no other reason than the constitution suggests they can be prosecuted...
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Apr 25, 2024
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and it was his questions followed up by amy coney barrett, ketanji brown jackson, they'll reference back to them. what was your take away? >> i was struck by i thought the extreme positions of both sides. we have donald trump arguing absolute immunity for all official from criminal prosecution from all official acts and you had the department of justice arguing zero immunity. i thought to myself how can a president function if they have no immunity whatsoever from criminal prosecution for their official acts? brett kavanaugh, who i worked for, when he was going through his confirmation process, i thought he raised some very interesting points. he talked about how troubled he was for the trajectory of the american presidency. if they were to side with the department of justices approach which is this zero immunity, this pastor, so i was also struck by the dojs argument of don't worry about it because prosecutions are not politically motivated. we take both about that kind of stuff and i thought how could you possibly say that given what we are all watching happen in new york? and secondly
and it was his questions followed up by amy coney barrett, ketanji brown jackson, they'll reference back to them. what was your take away? >> i was struck by i thought the extreme positions of both sides. we have donald trump arguing absolute immunity for all official from criminal prosecution from all official acts and you had the department of justice arguing zero immunity. i thought to myself how can a president function if they have no immunity whatsoever from criminal prosecution for...
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. >> laura: i want to play the floment justice ketanji brown jackson, watch. >> i'm trying to understand what the disincentive is from turning the oval office into, you know, the seat of criminal activity in this country. once we say no criminal liability, mr. president, can you do whatever you want, i'm worried that we would have a worse problem than the problem of the president feeling constrained to follow the law while he's in office. >> i respectfully disagree with that because the regime you described is the regime we have operated under for 234 years. >> laura: that was the newest justice to the supreme court, chris, biden appointee. >> you know, laura, again. i think the point is this is so novel what we are living in right now. we have been a country for 234 years under our constitution. we have never had a president criminally prosecuted like we're seeing now. so, the question is, is this going to be the new normal or can we stop this and just say listen, if you don't like your political opponents, then your answer is not to come up with a creative legal theories to keep them t
. >> laura: i want to play the floment justice ketanji brown jackson, watch. >> i'm trying to understand what the disincentive is from turning the oval office into, you know, the seat of criminal activity in this country. once we say no criminal liability, mr. president, can you do whatever you want, i'm worried that we would have a worse problem than the problem of the president feeling constrained to follow the law while he's in office. >> i respectfully disagree with that...
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Apr 27, 2024
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ketanji brown jackson on the other side. >> if someone with those kinds of powers, the most powerful person in the world, with the greatest amount of authority could go into office knowing that there would be no potential penalty for committing crimes, i am trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country. paul: a powerful statement. justice kagan said what could the president sponsor military coup for example, what's your response? >> the simple response, what they are talking about his trump's claim of total immunity for a president from criminal prosecution as opposed to no immunity at all. what was made clear by those oral arguments, the conservative justices are not arguing or suggesting they are in favor of total criminal immunity for a president. they are looking good for the middle ground and are a little upset the district court, because that decision waived forward the idea that a president has no immunity whatsoever and they will probably remand this case for a fact finding on the basis of what do
ketanji brown jackson on the other side. >> if someone with those kinds of powers, the most powerful person in the world, with the greatest amount of authority could go into office knowing that there would be no potential penalty for committing crimes, i am trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country. paul: a powerful statement. justice kagan said what could the president sponsor military coup for example,...
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brown jackson. i'm trying t o understand this incentive from turning oval office into the seat of criminal activity in this country.nt once we say, no criminal liability, mr. president, you can do whatevee wor you want, im worried that we would have anstr worse problem and the problem of the president feeling constrained to follow the lawth atwhile he's in office. >> i respectfully disagree with thaterat because the regime you described as the regime we have operated under for 240 euros.ou >> laura: that was the newest justice to the same court, biden appointee. >> again, the point is, this is so novel what we are living int right now.s un we have been a country for 234 years under our constitution.lyp we have never had a presidents, criminally prosecuted like we are seeing now. so the question is, is this going to be the new normal, or e can we stop this and say, lisn nentif you don't like your polip opponents, then your answer is not to come up with a creative legal theories to get him tied up in
brown jackson. i'm trying t o understand this incentive from turning oval office into the seat of criminal activity in this country.nt once we say, no criminal liability, mr. president, you can do whatevee wor you want, im worried that we would have anstr worse problem and the problem of the president feeling constrained to follow the lawth atwhile he's in office. >> i respectfully disagree with thaterat because the regime you described as the regime we have operated under for 240...
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Apr 11, 2024
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brown jackson will serve on the united states supreme court. your vote will live after you. it will live in the supreme court. your vote will live on in the hands of federal judges, in their 40s, appointed by joe biden, who will serve for another 40 years. your vote will decide what century we live in. will we live in an age of legal and constitutional enlightenment? or will we live in 1864? your vote is not just about the next four years. the importance of your vote has never been more clear. not just as a vote to preserve democracy in this country, we already knew about that. your vote for who chooses supreme court justices is nothing less than an exercise in incredible intergenerational power that will live long after you. leading off our discussion tonight is democratic senator of the senate judiciary committee, and chairs the subcommittee on federal courts, also the author of captured, the corporate infiltration of american democracy. senator, i really wanted to be able to talk to you about this tonight, because when i say, i'm going to ho
brown jackson will serve on the united states supreme court. your vote will live after you. it will live in the supreme court. your vote will live on in the hands of federal judges, in their 40s, appointed by joe biden, who will serve for another 40 years. your vote will decide what century we live in. will we live in an age of legal and constitutional enlightenment? or will we live in 1864? your vote is not just about the next four years. the importance of your vote has never been more clear....
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Apr 28, 2024
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so, listen to the way supreme court justice ketanji brown jackson addressed president donald trump's attorney on his argument that there would be a chilling effect on presidents if they do not have absolute immunity. >> i guess what i am more worried about, you seem to be worried about the president being chilled. i think we would have a really significant problem if the president was not chilled. if someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority could go into office knowing that there would be no potential penalty for committing crimes -- and tried to understand what the disincentive is from turning the oval office into, you know, the seat of criminal activity in this country. >> all that is just part of what every american, regardless of their ideology, should feel outraged by. after listening to what happened today because, lest we forget, the supreme court is considering these arguments because trump asked them to and i said, yes. jack smith asked them to and they said no. the timing of that has done grave damage to
so, listen to the way supreme court justice ketanji brown jackson addressed president donald trump's attorney on his argument that there would be a chilling effect on presidents if they do not have absolute immunity. >> i guess what i am more worried about, you seem to be worried about the president being chilled. i think we would have a really significant problem if the president was not chilled. if someone with those kinds of powers, the most powerful person in the world with the...
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Apr 23, 2024
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the majority of the justices, with the exception of justice ketanji brown jackson agreed with that point. she appeared to support the case that congress bestowed authority on the national labor relations board to conduct investigations and that the weight of the findings should be prioritized. geoff: tell us more about the possible implications of this case. >> labor activists believe this could have a chilling effect on labor organizing and unionizing in the united states which is having a resurgent moment of popularity. part about it not just with starbucks, the auto workers unionize last friday in tennessee, rei, trader joe's, and these court orders at the heart of this case are not just use to reinstate fired workers, they also could be used to request marketing orders, to reopen closed doors, and retaliating against workers for unionizing. there could be much higher borrowing for getting that relief for workers which could make them more afraid to unionize or cause union campaigns to die out as employers retaliate against workers. geoff: thanks so much for sharing your reporting wit
the majority of the justices, with the exception of justice ketanji brown jackson agreed with that point. she appeared to support the case that congress bestowed authority on the national labor relations board to conduct investigations and that the weight of the findings should be prioritized. geoff: tell us more about the possible implications of this case. >> labor activists believe this could have a chilling effect on labor organizing and unionizing in the united states which is having...
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Apr 26, 2024
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justice ketanji brown jackson asked about the dangers of immunity. >> 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices pressed trump's attorney on the question of how to distinguish between official and unofficial acts. >> no man's above the law and that the president can be prosecuted after he leaves office for his private conduct. is that right? >> we agree with that. >> and then the question becomes, as we've been exploring here today, a little bit about how to segregate private from official conduct that may or may not enjoy some immunity. >> jana katsuyama ktvu, fox two news and the timing of the court's decision could have a big impact. >> a vote for immunity would end the case. a rejection of immunity means a trial date could be
justice ketanji brown jackson asked about the dangers of immunity. >> 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices pressed...
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Apr 26, 2024
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brown jackson kind of got to the heart of that matter, during arguments, where she asked the representative for the government, why can't we just answer the question that has been presented? everybody was dancing around it. is there a reason why the court actually did not try to address the question presented? >> this was an unusual argument in a lot of ways, not only did they have trouble coming to the point of the question that they, themselves wrote for this argument, they also had a lot of trouble talking about donald trump. this was the court that was very focused on the impact that whatever decision they reached would have in the future, and on future presidents, and really, not particularly interested in talking about donald trump. we have both been around a lot of criminal appellate arguments , and i don't think i've ever had an argument that did not focus, at least in part, on the defendant and his conduct and how the ruling would impact him , but here, that did not seem to be the focus. the court was supposed to take up the issue of whether the president had immunity from official
brown jackson kind of got to the heart of that matter, during arguments, where she asked the representative for the government, why can't we just answer the question that has been presented? everybody was dancing around it. is there a reason why the court actually did not try to address the question presented? >> this was an unusual argument in a lot of ways, not only did they have trouble coming to the point of the question that they, themselves wrote for this argument, they also had a...
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Apr 25, 2024
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justice ketanji brown jackson asked about the dangers of immunity, 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices pressed trump's attorney on the question of how to distinguish between official and unofficial acts. >> no man is above the law and that the president can be prosecuted after he leaves office for his private conduct, is that right? >> we agree with that. >> and then the question becomes, as we've been exploring here today a little bit about how to segregate private from official conduct that may or may not enjoy some immunity. >> the justices will now confer within a conference. they could try to expedite this decision. they do have the option to reject the immunity plea, meaning it would go to trial. they could acc
justice ketanji brown jackson asked about the dangers of immunity, 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices pressed...
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Apr 26, 2024
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then justice ketanji brown jackson said, "please the american people are counting on us. can we speed this up?" then justice neil gorsuch said, "we -- are -- going -- as -- fast -- as -- we -- c-a-n." [ laughter and applause ] perfect. we got mixed messages there. >> steve: wow. well, congress has struck a a deal to delay a government shutdown until march 8th, which means in one week we'll have another looming shutdown. it just keeps happening. and it's hard not to be bored by this whole thing to be honest. which explains why c-span released this new promo trying to make it seem more exciting. watch this. >> what's up, america? on march 8th, the biggest rivalry in politics is back for another historic showdown. but this time, there are no holds barred. the fight over debt is a fight to the death. two parties in the steel cage of negotiation, where no one leaves until a fiscal budget is approved. schumer has lowered his glasses, and he's ready to kick some asses. but mcconnell's prepped for a a shutdown showdown staredown. >> jowl-chi-wa-wa. [ gobbling ] >> and who the [ b
then justice ketanji brown jackson said, "please the american people are counting on us. can we speed this up?" then justice neil gorsuch said, "we -- are -- going -- as -- fast -- as -- we -- c-a-n." [ laughter and applause ] perfect. we got mixed messages there. >> steve: wow. well, congress has struck a a deal to delay a government shutdown until march 8th, which means in one week we'll have another looming shutdown. it just keeps happening. and it's hard not to be...
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Apr 26, 2024
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justice ketanji brown jackson asked about the dangers of immunity. >> 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices pressed trump's attorney on the question of how to distinguish between official and unofficial acts. >> no man's above the law and that the president can be prosecuted after he leaves office for his private conduct. is that right? >> we agree with that. >> and then the question becomes, as we've been exploring here today a little bit about how to segregate private from official conduct that may or may not enjoy some immunity. >> of the nine justices, three were nominated by trump, gorsuch, barrett and kavanaugh. but there was no really clear indication from their questions on how they plan to vote on this. >> okay, so
justice ketanji brown jackson asked about the dangers of immunity. >> 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices...
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Apr 9, 2024
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. >> exactly, and that is why, we have confirmed 190 judges including ketanji brown jackson that joe biden has put before us, we have three this week from utah and nebraska, and the great state of michigan. we have been moving forward on these judges and you look at why it matters. it matters, you are going to discuss later in your program whether or not a president is above the law, whether or not he can claim immunity for any act, because that's what donald trump is claiming. we know, with the mifepristone decision, that was a trump judge. these decisions about voting rights and the decision about changing the john lewis bill and making all of these decisions, that is about judges, who have been put on by donald trump, yes, but also, it's about judges you can put on to follow the law and are highly qualified. and even the chevron decision which you know, lawrence, with your legal aptitude, which is about allowing agencies to make decisions about say, what is the percentage of particles in air pollution? some of these judges that trump put on or judges out of his oath, they said age
. >> exactly, and that is why, we have confirmed 190 judges including ketanji brown jackson that joe biden has put before us, we have three this week from utah and nebraska, and the great state of michigan. we have been moving forward on these judges and you look at why it matters. it matters, you are going to discuss later in your program whether or not a president is above the law, whether or not he can claim immunity for any act, because that's what donald trump is claiming. we know,...
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something justice ketanji brown jackson aptly pointed out during today's arguments. >> what i'm, i guess, more worried about, you seem to be worried about the president being chilled. i think we would have a really significant opposite problem if the president wasn't chilled. if someone with those kinds of powers, the most powerful person in the world, with the greatest amount of authority, could go into office knowing that there would be no potential penalty for committing crimes, i'm trying to understand what the disincentive is from turning the oval office into, you know, the seat of criminal activity in this country. >> joining me now is congressman jamie raskin of maryland, a former member of the january 6th select committee. congressman, thank you for being here. and you know, i hope people join me in this -- this new reality. because can we now just stop pretending that when the supreme court meets to hold oral arguments and to make decisions, that they are even thinking about the constitution? this supreme court majority, leonard leo six, are so clearly politicians, the only diff
something justice ketanji brown jackson aptly pointed out during today's arguments. >> what i'm, i guess, more worried about, you seem to be worried about the president being chilled. i think we would have a really significant opposite problem if the president wasn't chilled. if someone with those kinds of powers, the most powerful person in the world, with the greatest amount of authority, could go into office knowing that there would be no potential penalty for committing crimes, i'm...
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brown jackson. they said specifically what happens if a woman comes in and she's very sick, but she's not at death's door but she ends up getting so sick she loses her organs, loses her fallopian tubes or a hysterectomy, her future fertility is impacted because doctors weren't able to give her the care they needed. what if someone was having chest pains versus a heart attack. that's what we're talking about. they said if that person walked into an emergency room, doctors would say, okay, you're having chest pains. it's getting worse, we should make sure we treat you before you go into a full-blown heart attack. idaho is telling doctors a person needs to be just about to have a heart attack or even in the middle of having a heart attack before they can get the treatment they need. that is not conducive with federal law, and they also said it's not conducive with good faith medical care. the justices were honing in on that in particular talking about abortion, talking about the fact that there's a big
brown jackson. they said specifically what happens if a woman comes in and she's very sick, but she's not at death's door but she ends up getting so sick she loses her organs, loses her fallopian tubes or a hysterectomy, her future fertility is impacted because doctors weren't able to give her the care they needed. what if someone was having chest pains versus a heart attack. that's what we're talking about. they said if that person walked into an emergency room, doctors would say, okay, you're...
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. >> i'm just going to, as we go to commercial, i'm going to stick with what ketanji brown jackson said, which is why don't we just answer the question. why don't we just answer the question presented to us, say no and then we don't have to get into this crazy analysis. we are going to take a break but when we come back to we will have hugo and joyce stay with us. we will go to new york and we will go to the election interference trial that is going on and just ended week two and we will get down into the details. the details. new sensodyne clinical white provides 2 shades whiter teeth and 24/7 sensitivity protection. i think it's a great product. it's going to help a lot of patients. nothing dims my light like a migraine. with nurtec odt, i found relief. the only migraine medication that helps treat and prevent, all in one. to those with miai i see you. for the acute treatment of migraine with or without aura and the preventive treatment of episodic migraine in adults. don't take if allergic to nurtec odt. allergic reactions can occur, even days after using. most common side effects we
. >> i'm just going to, as we go to commercial, i'm going to stick with what ketanji brown jackson said, which is why don't we just answer the question. why don't we just answer the question presented to us, say no and then we don't have to get into this crazy analysis. we are going to take a break but when we come back to we will have hugo and joyce stay with us. we will go to new york and we will go to the election interference trial that is going on and just ended week two and we will...
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john: and two justices, samuel alito, a conservative, and justice ketanji brown jackson, one of the liberals, sort of talked about this at very different viewpoints. marcia: very different view points. >> if an incumbent who loses a 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? >> i think it's exactly the opposite. there is an appropriate way to challenge things through the courts with evidence. if you lose, you accept the results. that has been the nation's experience. >> you seem to be worried about the president being chilled. i think that we would have a really significant opposite problem if the president wasn't chilled. if someone with those kinds of powers, the most powerful person in the world, with the greatest amount of authority, could go into office knowing that there would be no potenti
john: and two justices, samuel alito, a conservative, and justice ketanji brown jackson, one of the liberals, sort of talked about this at very different viewpoints. marcia: very different view points. >> if an incumbent who loses a 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...
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justice ketanji brown jackson had a concern on the others, what happens when a president can't be prosecuted? would that make the oval office a center for crime. those are the contrasting views. what we've heard towards the end of the argument, whatever happens here donald trump is not out of the woods. even his own lawyer conceded that many of the acts alleged in this indictment were purely private acts, not official acts, and i didn't hear a majority of justices ready to immunize presidents for private acts. towards end of the argument, they seemed to be trying to forge a way, even if they decide there's immunity for official presidential acts, this case can go forward perhaps even without lengthy delays and it could be solved with a jury instruction saying he's liable for the private acts. we're still going to talk about the official acts, but he's not liable for those. we'll have to wait and see. also important will be when this court rules on this case. all of this plays into whether we could see a trial before the election, andrea. >> ken, one of the points that you just made was the c
justice ketanji brown jackson had a concern on the others, what happens when a president can't be prosecuted? would that make the oval office a center for crime. those are the contrasting views. what we've heard towards the end of the argument, whatever happens here donald trump is not out of the woods. even his own lawyer conceded that many of the acts alleged in this indictment were purely private acts, not official acts, and i didn't hear a majority of justices ready to immunize presidents...
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a number of the liberal justices, kagan, ketanji brown jackson as well as justice sotomayor, they were specifically asking the lawyer for idaho what's the difference between and explain how a woman's health could be at risk but her death might not be imminent, why would idaho law supersede federal law in that case. i want to play for you some sound from elena kagan in particular on this issue. take a listen. >> idaho is saying unless the doctor can say in good faith that this person's death likely as opposed to serious illness, they can't perform the abortion. so i don't know your argument about state licensing law because this is what this law does. it tells states your licensing laws can't take out objective medical conditions that could save a person from serious injury or death. >> now, the lawyer for idaho has been saying that doctors really need to rely on their good faith medical expertise. he also said that he can't think of any cases where a woman's organs or health might be at risk. i've been talking to doctors where women might lose their fallopian tubes. definitely an issue
a number of the liberal justices, kagan, ketanji brown jackson as well as justice sotomayor, they were specifically asking the lawyer for idaho what's the difference between and explain how a woman's health could be at risk but her death might not be imminent, why would idaho law supersede federal law in that case. i want to play for you some sound from elena kagan in particular on this issue. take a listen. >> idaho is saying unless the doctor can say in good faith that this person's...
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ketanji brown jackson is brilliant because she knows what happened with those reconstruction amendments. we all need to know that. did not have a question. i got the challenge. let's go to work. it can't just be the virtual. we need to connect the virtual with what we've always did. we have to do the commendations on the history. >> thank you. william barnes, thank you for being here. >> think you. let me say this. thank you for your leadership. we continue to talk about this and the conductivity i think about every time he stands before us. the conductivity with other leaders in the community so i want to make that is a statement first and foremost. here is a question. i had a conversation with some of my colleagues yesterday. we were talking about how we continue to mobilize and keep folks engaged. when we talk about engagement, you know you have the report out because it relates to president joe biden. it does not seem to be translating to the community as it relates to, do we have the right things happening coming out of dc. the question is, how do we work on the challenges? they ar
ketanji brown jackson is brilliant because she knows what happened with those reconstruction amendments. we all need to know that. did not have a question. i got the challenge. let's go to work. it can't just be the virtual. we need to connect the virtual with what we've always did. we have to do the commendations on the history. >> thank you. william barnes, thank you for being here. >> think you. let me say this. thank you for your leadership. we continue to talk about this and...
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justice ketanji brown jackson asked about the dangers of immunity, 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices pressed trump's attorney on the question of how to distinguish between official and unofficial acts. >> no man's above the law and that the president can be prosecuted after he leaves office for his private conduct. is that right? >> we agree with that. and then the question becomes, as we've been exploring here today a little bit about how to segregate private from official conduct that may or may not enjoy some immunity. >> jana katsuyama ktvu, fox two news with a recount to replace representative anna issues. >> district 16 congressional seat is expected to be finalized by next week. san mateo county completed it
justice ketanji brown jackson asked about the dangers of immunity, 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 abandon while they're in office? >> justice elena kagan questioned if a president ordered a military coup, would it be considered immune? trump's attorney said it would be an official act, but should be addressed through impeachment. the justices pressed...
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the justices really, ketanji brown jackson, elena kagan, justice sotomayor, they're also pushing the lawyer for idaho on this issue saying aren't there cases where a woman's health needs to be treated where she's not at death's door? and a number of times they pointed out what about when a woman might lose her reproductive organs, the lawyer at idaho saying there isn't a case where your health is at risk but your life isn't at risk. but i talked to some doctors who say that's definitely the case. you have a case where women may have to have hysterectomies, fallopian tubes removed, but may not be at death's door. there is a real issue there. i also know just in the last few seconds, listening to justice alito, a conservative justice, he was really pressuring on this idea of whether or not this idaho law conflicts with federal law and he was in some ways leaning toward dealing with idaho law as being the superseding here. just listening to these arguments, it sounds as though the court is leaning toward saying this federal law, that it supersedes idaho law. this is a court, you can't p
the justices really, ketanji brown jackson, elena kagan, justice sotomayor, they're also pushing the lawyer for idaho on this issue saying aren't there cases where a woman's health needs to be treated where she's not at death's door? and a number of times they pointed out what about when a woman might lose her reproductive organs, the lawyer at idaho saying there isn't a case where your health is at risk but your life isn't at risk. but i talked to some doctors who say that's definitely the...
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brown, jackson raising concerns about presidential power without limits, you seem to be worried about the president being chilled. i think that we would have i have a really significant opposite problem if the president wasn't chilled, i'm trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country and asking, why then did former president nixon need a pardon after he left office? >> what was up with the pardon for president nixon i think if everybody thought that presidents couldn't be prosecuted than what was that about? >> justice? amy coney barrett, who could be a swing vote that decides the case, getting trump's attorney to concede that some of trump's alleged actions were not part of his duties as president and would not be protected under an immunity claim. >> i want to know if you agree or disagree about the characterization of these acts is private petitioner turned to a private attorney, was willing to spread knowingly, false claims of election fraud to spearhead is challenges to the election results private,
brown, jackson raising concerns about presidential power without limits, you seem to be worried about the president being chilled. i think that we would have i have a really significant opposite problem if the president wasn't chilled, i'm trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country and asking, why then did former president nixon need a pardon after he left office? >> what was up with the pardon for...
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so the newest justice, ketanji brown, jackson had this warning if the court ultimately finds that presidents do have abs immunity, take a listen if someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority could go into office knowing that there would be no potential penalty for committing crimes. >> i'm trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country. >> so gym, if a president does have absolute immunity, what incentive might the president have for following the law other than the honor system and is good grace. and wouldn't it essentially just state that the president is above the law? >> yes. is the answer that but i do agree with the points that were made earlier and i think it's important to note that the core powers of the presidency, and there are protections there for the core powers of the presidency. and i think that's an important important point that was just made. i also think it's important to note that the office of legal counsel, they've referred
so the newest justice, ketanji brown, jackson had this warning if the court ultimately finds that presidents do have abs immunity, take a listen if someone with those kinds of powers, the most powerful person in the world with the greatest amount of authority could go into office knowing that there would be no potential penalty for committing crimes. >> i'm trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country....
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brown jackson. >> i am trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country. >> in this case, and with what george washington had said is franklin franklin says we view the prosecution that this is something everyone cried against is unconstitutional. george washington said that we are worried about factional strife. >> here he is questioning the internal representative special counsel, jack smith. >> does the president have immunity or are you saying there is no immunity or presidential immunity even for official acts? >> yes justice thomas but it is also important to put in perspective the position that we are offering the court today. the president as the head of the article to branch can assert as applied article two objections to criminal laws that it interfere with an official power presented by the president or prevents the president from accomplishing his constitutionally assigned functions. >> the clock is ticking. end of june we should hear something, it could be sooner. here is? >> harris: all right. th
brown jackson. >> i am trying to understand what the disincentive is from turning the oval office into the seat of criminal activity in this country. >> in this case, and with what george washington had said is franklin franklin says we view the prosecution that this is something everyone cried against is unconstitutional. george washington said that we are worried about factional strife. >> here he is questioning the internal representative special counsel, jack smith....
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but so ketanji brown jackson, who was obviously one of the democrat appointees on the supreme court, she said, you know that you can't do this because if you say there's presidential immunity across the board, you're turning the oval office into a centre of criminality, even though you might disagree with them on many things. isn't that that's true, isn't it? yeah. >> well, my biggest worry is the dems realise this so they can start assassinating people you know, they, like trump will just say you'd do it as a joke, but they'd actually probably do it. but, satirical content there of course. but, yeah. but as, the judge alito here points out, using a navy seal team to assassinate a rival was implausible. well, that's not really quite strong enough, is it? you want it to be absolutely ruled out, really, don't you? but yeah. he says he says it would never actually come up and wouldn't happen. >> isn't it strange that these conversations are even being had in the democrats like to raise all these weird points, don't they, to try and get get the idea in people's heads that trump is going
but so ketanji brown jackson, who was obviously one of the democrat appointees on the supreme court, she said, you know that you can't do this because if you say there's presidential immunity across the board, you're turning the oval office into a centre of criminality, even though you might disagree with them on many things. isn't that that's true, isn't it? yeah. >> well, my biggest worry is the dems realise this so they can start assassinating people you know, they, like trump will...
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so do you disagree with justice ketanji brown jackson who said, what you're arguing could allow the seat of the presidency to become where you can act with impunity that any criminal act couldn't habit because you have nothing to fear, no prospect. >> we believe immunity is inherent in the constitutional design. >> so that's the system we've been operating under for hundreds of years and it's not actually in the constitution. >> we believe that immunity naturally follows from the constitution the same way that civil immunity, which isn't written in the constitution naturally follows from our constitutional system. >> and that was recognized now as by the court and nixon v. fitzgerald in 1982, what is it, victory here? >> is it the supreme court embracing your argument on total immunity or is it just sending it back to the lower court and therefore, delaying the january 6 trial from happening before the 2024 election. >> we think it's very important for the future of the presidency, for the court to embrace a vigorous doctrine and if presidential immunity in the criminal context. that's w
so do you disagree with justice ketanji brown jackson who said, what you're arguing could allow the seat of the presidency to become where you can act with impunity that any criminal act couldn't habit because you have nothing to fear, no prospect. >> we believe immunity is inherent in the constitutional design. >> so that's the system we've been operating under for hundreds of years and it's not actually in the constitution. >> we believe that immunity naturally follows from...
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brown, jackson going over some of these arguments with jeffrey green, a lawyer for one of those defendants, and i'm back out here with paula reid and shan wu fascinating case. obviously lots of implications for all of those january 6 defendants, possibly for the former president and all of this, but now one of the things that we jumped on this as soon as we came on the air with as paul on that is clarence thomas yesterday was missing missing an action yesterday. we didn't really get a clear explanation as to what was going on. >> he is back today and a shan was noting as we're watching this, you couldn't see us. >> we're off camera at that point. >> he was pretty active there yeah, he clearly making a point. >> right. because as we said before the argument started, the biggest question before we get to the legal arguments. whereas justice clarence thomas, because as you said yesterday, not only was he absent, they didn't provide an explanation. and as the most senior associate justice on the supreme court, that raises a lot of serious questions because we are in an election she near never
brown, jackson going over some of these arguments with jeffrey green, a lawyer for one of those defendants, and i'm back out here with paula reid and shan wu fascinating case. obviously lots of implications for all of those january 6 defendants, possibly for the former president and all of this, but now one of the things that we jumped on this as soon as we came on the air with as paul on that is clarence thomas yesterday was missing missing an action yesterday. we didn't really get a clear...
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brown jackson raised this question about president nixon what was up with a pardon for president nixon i think if everybody thought that presidents couldn't be prosecuted than what was that about? well, he was under investigation, froze private and public conduct at the time john, given that i wonder what you made of how just over ten minutes after that trump's attorney also acknowledged that that allegation by jack smith in that indictment includes both private and official acts my reaction was that there's a very thin read there for them to draw upon ford clearly thought president ford clearly thought that nixon could be prosecuted and di, he, thought he was getting confession from nixon when he issued the pardon, he actually carried around in his, in his pocketbook are and as wallet a site of a case that said in essence by the supreme court that acceptance of a pardon was admission of guilt. so the whole assumption back then was that presidents had no immunity. >> they it could not commit crimes without having exposure. and unless there was just a passing by the department of justic
brown jackson raised this question about president nixon what was up with a pardon for president nixon i think if everybody thought that presidents couldn't be prosecuted than what was that about? well, he was under investigation, froze private and public conduct at the time john, given that i wonder what you made of how just over ten minutes after that trump's attorney also acknowledged that that allegation by jack smith in that indictment includes both private and official acts my reaction...
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>> now i also think what justice jackson and ketanji brown jackson said about i think it's most people understand that if you commit a criminal crime, that circa ray or nixon, excuse me, that the reason why nixon needed to be part in is because most likely he was going to have criminal prosecution and go to jail. and so she got to put it out like we've seen this play out in a different way. i actually did not mind as i am a lawyer by training, but not by practice. and the intellectual exercise because i think this case has so has such implications for where we go as a country, i want every rock picked up, looked under, turned over, and making sure that they ask every question. so at the end of the day, i hope they role of the way that you're suggesting that it's not blanket immunity, that there can't be any well, they just called it quits too early without really taking the tires. as georgia, i had no idea was surrounded by so many lawyers. we actually can show everyone exactly what you were talking about, ashley, let's watch that i'm trying to understand what the addition is from turn
>> now i also think what justice jackson and ketanji brown jackson said about i think it's most people understand that if you commit a criminal crime, that circa ray or nixon, excuse me, that the reason why nixon needed to be part in is because most likely he was going to have criminal prosecution and go to jail. and so she got to put it out like we've seen this play out in a different way. i actually did not mind as i am a lawyer by training, but not by practice. and the intellectual...
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let's listen in writing now the us solicitor general, elizabeth prelogar and justice ketanji brown jackson are going back-and-forth criminal prosecution. the doctors can't provide the care because until they conclude can conclude that a prosecutor looking over their shoulder won't second guess that maybe it wasn't really necessary to prevent death. >> thank you. council. justice thomas this is leto we've now heard let's see an hour-and-a-half of argument on this case, and one potentially very important phrase in emtala has hardly been mentioned maybe it hasn't even been mentioned at all. >> and that is emtala was reference to the woman's quote, unquote, unborn child in an odd phrase to put in a statute that imposes a mandate to perform abortions. have you ever seen an abortion statute that uses the phrase unborn child it's not an odd phrase when you look at what congress was doing in 1989, there were well-publicized cases where women were experiencing conditions, their own health and life. >> we're not in danger, but the fetus was engraved distress it's an hospitals weren't treating them w
let's listen in writing now the us solicitor general, elizabeth prelogar and justice ketanji brown jackson are going back-and-forth criminal prosecution. the doctors can't provide the care because until they conclude can conclude that a prosecutor looking over their shoulder won't second guess that maybe it wasn't really necessary to prevent death. >> thank you. council. justice thomas this is leto we've now heard let's see an hour-and-a-half of argument on this case, and one potentially...
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justice ketanji brown jackson expressed concern about the precedent that'd set for future presidents. justice sotomayor got trump's attorney to double down on an argument he made earlier this year, infamously, that a former president should be allowed constitutionally to order the assassination of a political rival. >> if the president decides that his rival is a corrupt person and he orders the military or orders someone to assassinate him, is that within his official acts that for which he can get immunity? >> it would depend on the hypothetical. we could see that could well be an official act. >> those kinds of powers, the most powerful person in the world, with the greatest amount of authority, could go into office knowing that there would be no potential penalty for committing crimes. i'm trying to understand what the disincentive is from turning the oval office into, you know, the seat of criminal activity in this country. >> a lot to sift through there, joyce vance. let's just take a step back and shake your head a little bit that we're actually having a hypothetical discussion
justice ketanji brown jackson expressed concern about the precedent that'd set for future presidents. justice sotomayor got trump's attorney to double down on an argument he made earlier this year, infamously, that a former president should be allowed constitutionally to order the assassination of a political rival. >> if the president decides that his rival is a corrupt person and he orders the military or orders someone to assassinate him, is that within his official acts that for which...
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. >> reporter: justice judge ketanji brown jackson asking if there is no accountability what would stop a president from, quote, turning the oval office into the seat of criminal about activity in this country. >> 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 abandon while in office? >> reporter: but conservative justices, while not fully embracing trump's argument made the case that presidents need some protection from criminal prosecution. >> presidents have to make a lot of tough decisions about enforcing the law, and they have to make decisions about questions that are unsettled. >> did i understand you to say, if he makes a mistake, he makes a mistake, he's subject to criminal laws just like anybody else? he's in a special -- precarious position. >> reporter: much of the argument centered around what constitutes a personal act versus an official act by a president. the justices said it might take the case back down to lower court to sort it out. >> you say even if
. >> reporter: justice judge ketanji brown jackson asking if there is no accountability what would stop a president from, quote, turning the oval office into the seat of criminal about activity in this country. >> 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 abandon while in office? >> reporter: but conservative justices, while not fully embracing trump's...
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. >> y tambien, hablando de esta frase de la magistrada ketanji brown en brown jackson, quien hablo a hombre del departamento de justicia a justamente un argumento similar, decia que hablar de inmunidad total se que abriria la puerta para que el presidente de estados unidos cometa vimos mas de preocupacion que los magistrados es que pasaria si sale un presidente y es perseguido por su oponentes politicos? >> esta preocupacion la vimos mas del lado de los cons conservadores, la voz conservadora cantante de hoy fue el juez samuel alito, que decia ¿que pasa si hay persecuciones politicas? >> ahora cualquier presidente que salga de la casa blanca no va a poder tomar decisiones dificiles, las decisiones dificiles que son parte de este puesto porque van a pensar que sus enemigos los van a acabar poniendo en la carcel. >> y un comentario clave de sonia sotomayor que dijo hasta ahora hemos confiado en una democracia que funciona en que los funcionarios y los oficiales de la democracia de este pais han actuado pensando mas en el pais que en ellos mismos. >> ella claramente se estaba estaba re
. >> y tambien, hablando de esta frase de la magistrada ketanji brown en brown jackson, quien hablo a hombre del departamento de justicia a justamente un argumento similar, decia que hablar de inmunidad total se que abriria la puerta para que el presidente de estados unidos cometa vimos mas de preocupacion que los magistrados es que pasaria si sale un presidente y es perseguido por su oponentes politicos? >> esta preocupacion la vimos mas del lado de los cons conservadores, la voz...
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ketanji brown jackson asking the question about these competing interests on the one hand, you have someone like donald trump who was saying, listen every president has got to have immunity. otherwise, it'll be so afraid to do there actual job. i'm paraphrasing, of course. and she's saying that's one interest, but the other one is what do you do with an unbounded president who has no fear of any criminal liability and the only solution is a political one. how do you balance those two things? and ultimately, the entire discussion today was about that, but also about what should we be doing in this instance right now is this, we can resolve right now or is it a matter of taking it back to the lower court and saying, listen, you guys figure out what's an official act. you guys figure out what is a personal act. we're not going to go through a list, give you an itemized list of all the things that could be present and what could be personal. >> you figure that out now the consequence of that is, is it about the prosecution that would be impacted here today or about a prospective one in the futu
ketanji brown jackson asking the question about these competing interests on the one hand, you have someone like donald trump who was saying, listen every president has got to have immunity. otherwise, it'll be so afraid to do there actual job. i'm paraphrasing, of course. and she's saying that's one interest, but the other one is what do you do with an unbounded president who has no fear of any criminal liability and the only solution is a political one. how do you balance those two things?...