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Cnns Kristen Holmes is in West Palm Beach near the president s maralago resort. How emboldened are democrats. Reporter its giving a lot of ammunition on what the senate trial would actually look like, and heres why, the author of that email is a man by the name of Michael Duffy, he is a trump appointee at the office of management and budget and also happens to be one of the four witnesses that democrats have said they want to hear from in an impeachment trial. Of course theyre saying this is why we want to hear from them. We have to remember at the heart of this stalemate, its all about the process of the senate trial. Republicans have indicated that they dont really want witnesses whereas democrats say they believe the only way to have a fair trial is with those documents and witnesses and today we heard from Chuck Schumer on this. Take a listen. So far senator mcconnell and President Trump have come up with no good reason why there shouldnt be witnesses, why there shouldnt be documents. We dont know what the witnesses will say. We dont know what the documents, how the documents will read. They might exonerate President Trump. Or they might further incriminate him, but the truth should come out on something as important as an impeachment. Reporter and he has been very steadfast as have other democrats in this position of trying to have witnesses and those documents and republicans have really stayed in their lanes, really backing up Mitch Mcconnell here, but despite these differences, we heard from the Vice President s chief of staff today who says he believes they will be able to strike a deal. Im quite confident that this position is untenable, shes going to move it along, and Chuck Schumer and Mitch Mcconnell reach a deal on how its going to proceed in the senate. So you think that shell eventually she will yield. Theres no way she can hold this position. Reporter so fred, really at the end of the day, there are so many unknowns, and we are looking at a congress thats not back in session until early january. Situation indeed, Kristen Holmes, thank you so much. Well check back with you. For more on the new ly released emails, well go to jeremy herb. How significant is this . The. The emails are significant, in the sense that they give us details on what was going on the morning President Trump called ukrainian president zelensky. Micha Michael Duffy made the order for the aid to be held up after the president s call occurred. The call happened at 9 03 to 9 3 p and the email that duffy sent to white house budget officials and pentagon officials came out just after 11 00. He could tell already this was sensitive. Given the sensitive nature of the request, i appreciate your keeping that information closely held to those who need to know to execute direction. Now omb says that the it is reckless to tie the e mamail t the idea that the holding of funds was directly connected to the call. They say one email is misleading and inaccurate. We understand the general direction of how the aid was held up from the house impeachment inquiriment we know on july 18th, for instance, there was a meeting they talked about the aid being held and we knew before the aid was held on the day of the call. This email potentially shows just how connected those two items were, fred. And then what kind of evidence could this potentially mean for the president s Upcoming Senate trial . Yeah, as kristen said, this is going to just fuel those democrat democratic requests for these witnesses to testify. Michael duffey was subpoenaed by the House Intelligence Committee and did not appear. He is one of many officials who defied these subpoenas but the house did not go to court in order to pursue that. They said they didnt have the time. It could be held up for months. Now what Senate Republicans are saying if the democrats wanted these witnesses they should have had them during the house trial when they had control. The bottom line is you need 51 senators in the senate trial to do anything. The break down is 53 republicans, 47 democrats. If democrats can convince four senators, michael like Michael Duffey should testify, they may be able to get them, susan collins, mitt romney. None of those senators have shown indication thats going to happen. Theyre back this their districts. When they come back in january, thats going to be the question put to them. Jeremy herb, thank you so much. Minority leader Chuck Schumer isnt the only democrat pointing to these new emails to bolster the case to have witnesses testify at the upcoming u. S. Senate impeachment trial. Here is president ial candidate senator Amy Klobuchar on cnn state of the union today. We just found out this weekend that someone who works for mulvaney, Michael Duffey had sent an email 90 minutes after the president made that critical call to the ukrainian president , this guy sent an email, i have it here. Given the sensitive nature of the request, i appreciate your keeping this information closely held and he said dont release any of the funds. This man should testify. Dont be surprised, the polls show 64 of republicans think these witnesses should testify. With me now, rachael bade, a congressional reporter for the Washington Post and cnn political analyst, and ron brownstebrow brownstein, a Senior Editor for the atlantic. Good to see both of you. Ron, how might this Information Impact republican senators about impeachment if and when this trial gets underway. I mean, really, it just reminds how astonishing it is that republicans in both chambers have essentially placed their partisan loyalties above their institutional responsibilities and supported their stone walling of the inquiry and other requests. It is kind of amazing that we are dealing with something as momentous as an impeachment inquiry. So many people at the center of it have refused to offer what they know, whether its john bolton or omb officials or Mick Mulvaney and the white house has been able to, you know, put down requests, block requests for documents. I would think it would make it harder to argue against a hearing. Exactly. In allowing this information to be hashed out. When you have information of this sort coming out, it instantly begs the question what else is there. And i think that is the question that republicans, you know, have to answer. Right now, as you noted, theres no indication that they are kind of wavering on their support of the white house stone wall, but it is a historic moment when you have an entire Political Party in congress siding with the executive branch against congressional demands for information. Pl placing partisan locality against operations. For Michael Duffey, more interest in hearing testimony from acting chief of staff Mick Mulvaney who is also leading omb, former National Security a adviser john bolton. Listen to what Lindsey Graham had to say about that today. For any senator who votes to compel the testimony of john bolton or Mick Mulvaney before the president can have his day in court, exercising executive privilege before the courts, the courts available to every american, including donald trump. So if you call these witnesses who work for the president after hes invoked executive privilege, if you deny him his day in court, then youre abusing the Constitutional Rights of donald trump as president , and youre putting the entire presidency at risk. I cant imagine any senator doing this to the presidency. All right. So how much weight is grahams argument going to have on his fellow republicans . I mean, look, clearly democrats would argue that the republicans are hiding behind the courts, that trump has been stone walling not just this investigation but literally dozens of investigations for months. And that has kicked the fight between congress and the white house to the courts, which takes a long time to litigate this. I think that, you know, democrats when it comes to sort of saying we need to hear from these key witnesses, clearly people on both sides of the aisle agree. I mean, you can look at the polling, even republicans think that these are people they wouldnt want to hear from. Mick mulvaney, duffey, you talked about the email. John bott john bolton who has a story to tell on ukraine. Republicans are using the strategy to hold the articles of impeachment in the house. Theyre trying to use that against the democrats saying theyre just holding the articles to keep trump from being acquitted. It has emboldened the right to pivot from key witnesses and point to pelosi and say, look, shes playing politics with an issue that is of incredible importance to this country, impeachment. You have democrats, they have to ask themselves, yes they want these witnesses, are they willing to hold the articles of impeachment in the house if theyre not willing to get those right now, especially when if you go back thats the leverage for pelosi, isnt it . It is in one way. Trump clearly wants to be acquitted and he wants this to happen. Its emboldening republicans to say hes playing politics right now. During clintons impeachment, the impeachment came over to the senate, they had Opening Statements and crossexamination and then they came up with an agreement on witnesses. They didnt have that hashed out at the beginning, and so the demand by the democrats to have that right now ultimately there were more than 40 witnesses. And i think that that again, democrats they can point to these emails and they can say, look, the country wants to hear from these people right now. Its a question of tactics and is this the right strategy. The Washington Post and abc released a poll, you know, tuesday that found that 49 of those surveyed said the president should be impeached and removed from office, and then, ron, theres 71 of those polled who think trump should allow Senior Administration officials to testify in a likely Senate Impeachment trial. So you know, given the ukraine time line reporting, these latest poll numbers, isnt it getting harder for the Senate Majority leader mcconnell to avoid any kind of agreement to witnesses and the promise of having an impartial trial. There are a couple of different aspects to it. First, in the house, we focused on the 31 democrats in districts that voted for trump, and whether they would ultimately vote for impeachment. All but two in the end deid. Are the republican senators in vulnerable or swing states like susan collins, martha mcsally, cory gardener, can they go back, in the end, its unlikely that any vote to remove President Trump from office but they need to be able to go back to their voters and say they took this seriously, and there was a serious process. I think that is kind of the vice, if there is any form of pressure on Mitch Mcconnell, plus, a few of the older republicans, frankly, like lamar alexander, mitt romney who may feel the need for history to have a more fair process here. One other consideration, though, real quick is that, you know, the president wants kind of redemption and acquittal. Even though the country is divided 50 50, on whether he should be removed from office. There is a slight majority who said he did something wrong, in the worst case that he committed an impeachable offense, and if the trial is seen rigged from the start, it seems unlikely, even a vote from the senate is going to reduce the majority of americans who said he didnt d something wrong, and that is ultimately the real test facing him next november. Still that question mark that will be remaining, the cloud that will be hanging. If the trial is illegitimate, i think its more likely that question is there. Ron brownstein, rachael bade, well leave it there. Happy holidays. Still ahead, what iowa voters have to say about impeachment and the states 2020 caucus, now just 43 days away. Plus, her kidnapping and eventual escape captured the nation. Stunning new details about the abduction of jamyme closs and hr Close Encounter with police right after she was taken. Mom, why do we always come here for the holidays . How did you find greatgrandmas recipe . Were related to them . Were portuguese . I thought we were hungarian . Grandpa, can you tell me the story again . Behind every question is a story waiting to be discovered. Todays Senior Living communities have never been better, with amazing amenities like movie theaters, exercise rooms and swimming pools, public cafes, bars and bistros even pet care services. And theres never been an easier way to get great advice. 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They say, look, you cannot avoid the fact the impeachment trial will be running into the iowa caucuses. They are concerned about the impact on 2020 but also united in saying theres no way around it. I think its high time he was impeached. And im very saddened that it looks like the senate is going to let him go scotfree. I think its a travesty, he needs to be removed from office for the things he has done. I think that the truth needs to come out. I believe very strongly that they should have a fair trial in the senate. I think theres several people that need to be testifying in the senate. And i fully believe that obstruction is a serious issue. I think hes definitely in trouble here, so i think from everything i have seen, everything i have read, unfortunately some bad choices were made, and i think he should be impeached and i think the senate should bring more witnesses in, and i think they should take it seriously. I think it matters, and i think its going to be a black mark on the republicans for a long time. Especially the way Mitch Mcconnell is coming at it, you know, just announcing that hes not going to do anything. Reporter and that last democratic voter also points out, you know who else is up in 2020, a lot of Senate Republicans including Mitch Mcconnell as well as some vulnerable Senate Republicans like susan collins, martha mcsally, cory gardner, this vote, the democrats think also will reflect on Senate Republicans. Fredricka. These folks you talked to, they gave it more than one word answers which makes the conversation refreshing because you get to hear exactly why people believe what they believe. So now lets talk about, you know, the senators that are in the race and how the impeachment ca calendar could be either an interruption or an asset. Four u. S. Senators who are on the campaign trail. How are their camps looking at the prospects of, you know, looking at the prospect of having to sit in trial in key primaries. Kind of like you heard from voters. They are very frank. These candidates are absolutely frank about the fact that it is going to pull them off the trail. We have been on the trail with Amy Klobuchar, the senator who is going to be a juror. She understands that during the week she has a day job. He has got to be in washington, as she considers it her constitutional duty. The flip side of it is that shes going to have to become creative. She told us that some of this is going to be town hall, some you will have to skype in, use surrogates and shes going to have to work that much harder, especially when you consider the fact shes running with two other moderates, joe biden and Pete Buttigieg who do not have the set through the senate trial, fredricka. Kyung law, thank you so much for bringing that to us. Still to come, kidnapped at 13 years old, both her parents killed but how close did police come to jayme closs and her kidnapper after her abduction. Details straight ahead on that. Beds get sick too protection. Lysol laundry sanitizer kills 99. 9 of illness causing bacteria detergent leaves behind. Lysol. What it takes to protect. Up here at the dewars distillery, all our whiskies are aged, blended and aged again. Its the reason our whisky is so extraordinarily smooth. Dewars. Double aged for extra smoothness. Only roomba i7 uses two multisurface rubber brushes. And picks up more pet hair than other robot vacuums. And the filter captures 99 of dog and cat allergens. If its not from irobot, its not a roombaâ„¢. The wait is over. Tmobile is lighting up 5g nationwide. While some 5g signals go only blocks, tmobile 5g goes miles. Beyond the big cities to the small towns. To the people. Now, millions of americans can have access to 5g on tmobile. And this is just the beginning. 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One year after her abduction, an unbelievable escape and rescue were getting new and startling details about the kidnapping of jayme closs. Closs was 13 when she was abducted in october of 2018 by 21yearold Jake Patterson who had seen her getting off a school bus and decided to abduct her. He went to the closs house, killed both of her parents and stuffed jamie into the trunk of his car, holding her hostage for 8 day until she managed to escape. He is serving two life sentences and wisconsin authorities are releasing a massive trove of records relating to the case. Among them, dash cam video showing officers responding to the closs house, passing by Jake Pattersons car as he pulls over to let police pass by. Jayme closs was in the trunk of that car. Our polo sandoval, its heartbreaking to think how close police were to jayme after she was taken. Reporter the story of a missed opportunity. One of many stories that have come out of this massive document dump. Its not unusual for all the documents to be released after the close. Now with the conviction and sentencing were learning more and part of it is that police essentially passed by their suspect heren on their way to te scene, unknowingly, at the time, i listened to Police Body Camera audio, and you can hear police arriving at the scene, finding the bodies of this young womans parents and automatically assume at first this was possibly a suicide. Boy did this take a massive turn, obviously once they discovered that jayme was migszing and that search started there missing and that search started there. The documents paint a disturbing picture, what took place while patterson kept this girl in a remote cabin here. The suspect during interviews saying that she was terrified and petrified and patterson, and ill read from some of the documents here, also saying that they played board games, that they watched tv, that they also played other games, outside, however, during the woel time, she w whole time. Also that she wanted to kidnap 13 to 15 years before this took place, but it wasnt until he saw this girl getting off the bus that then he ended up acting and then also that he went to that house on multiple occasions but he noticed there were multiple vehicles there, so he decided to try again, and ultimately on that october night is when he went in with a shotgun, blew the door open, and shot and killed her parents before abducting her, and finally, these documents, fred, they say that he was so ill prepared that he even had to share some of his clothing with her while he kept her in that cabin for 88 days, and they spent christmas together. He even purchased christmas presents for jayme then, including in these records is information about how an astrologer may have been involved here. In what capacity . There were multiple tips they received, and in these thousands of pages they show information from an astrologer came in early in october. Apparently according to the documents, the lead was assigned to an investigator, this lead suggested that she had been killed and her body possibly in a lake and an investigator followed up on that, but of course that led them nowhere and then two months later find out that she managed to escape, managed to flag down help and she was at least safe. Wow. Extraordinary. All right. Polo sandoval, thank you so much. Thanks, fred. Coming up next, republicans are on the attack as House Speaker nancy pelosi holds on to the articles of impeachment against President Trump. When will the senate get to start with their trial, and what would it look like . 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I frankly dont think the speaker has the right to do this or the power to do this. The speaker has a lot of power, but once the house has spoken, the speaker doesnt get the decision as to whether or not she transmits that decision to the senate, in my view. I think well have this all handled by the time we get back in january. I think its kind of bizarre that they had to rush to this Impeachment Vote and then all of a sudden shes sitting on it. I dont think the senate should be making the case the house should have made in their presentation. My guess is they werent able to make the case. As i said, the charges are pretty thin. I dont see anything impeachable in that. Its not the job of the senate to make the case that the house should have made in their impeachment clause or in their articles of impeachment. Two different articles there. Lets talk to former federal prosecutor liz wheel, good to see you. Good to see you. And happy holidays. Happy holidays. Yesterday i spoke with congressman clyburn and a number of legal experts who all said that the house can hold on to transmitting indefinitely. And can place these kinds of demands but you heard at least roy blunt saying otherwise, so how do you see it . Whats the truth here in your view . Right. A couple of different things. Nancy pelosi can hold on to the articles, but i dont think its wise to hold on to them indefinitely. And its not going to help. So wise versus whether its correct, right, constitutionally. Theres not a lot of precedent there. I was counsel for the democrats during the impeachment of president clinton, of course the articles went speedily along because there was a bipartisan support for the resolutions and what was going to happen at the trial. Thats not the case here. But i dont think that its wise politically for pelosi to hold on to them too much longer. Why . Because it does look so political, a, and b, because the democrats have argued all along that President Trump was a danger, is an imminent danger to the nation because of his meddling with National Security for his own empowerment, grandiosity, et cetera, et cetera, so to hold back on the articles when he could be continuing with his meddling, continuing with all of this, you cant sort of have both arguments. Except thats whats interesting here, because youve got Mitch Mcconnell who says this president will not be removed for office. There you go. From office. So he has already said before a trial is to get underway and apparently hes already said there will be no witnesses, so. But play into that, play into that, because then the democrats play into their strength. We have these, they can say. We have these not paper thin, but very strong impeachment articles. They are akin to indictments. Thats where the second argument comes in which is wrong. These are indictments. All right. So if this, then, is akin to a trial, these are indictments, what happens then when you get to an actual trial, you take the indictment. What do you envision would happen in the senate trial if there are no witnesses. Lets not go there yet. Thats what Mitch Mcconnell said. But he can change his mind, right, and thats what youre saying. He can change his mind if theres pressure from other republicans which there may be, remember. Theyre sitting back, they have some time, and thats what nancy pelosi is buying by holding on to these at least through they come back from the holiday, the vacation, which is when i think she should drop them, and i think she should drop them with a strong resolution of house managers, the prosecutors, and say here they are, here are our house managers and name them. Come out and come out strong. Here they are, and here are our house managers. Okay. At that point, the resolutions are there, here are the managers. Republicans have had a chance to think about witnesses. They know that the framers said in the constitution, the reason that the senators have been appointed to be these jurors is because we see them as being the impartial jurors, the people that can judge the defendant, the accused as accused by the people, us, theyre the people to judge. If no witnesses then, do you see a dereliction of duty. Exactly. Because if you have facts and you have allegations, what do you need to marry facts and allegations. Witnesses and documents. In any case. Thats what you need. So if you have people that say we dont need facts or witnesses, then arent you derelict in your duty . I mean, that just makes sense. Big question marks. That would show that the senators who say we dont want this, at least theyre showing to their constituents, the people they are representing, were derelict in our duties. Lis wiehl, thank you very much. Happy everything. Take care. Impeachment. I wont say that. Okay. All right. It is a festive day in our nations capitol. The annual hanukkah menorah lighting is about to begin what this holiday message of unity and togetherness means at a time of Great Division in this country next. Apps are used everywhere. Except work. Why is that . Is it because people love filling out forms . Maybe they like checking with their supervisor to see how much Vacation Time they have. Or sending corporate their expense reports. Ill let you in on a little secret. They dont. By empowering employees to manage their own tasks, paycom frees you to focus on the business of business. Music in just over an hour from now, in washington, d. C. , the annual Lighting Ceremony of the National Hanukkah menorah will get underway, arguably the most prominent public hanukkah event in the world. The celebration draws thousands of attendees each year. Its a tradition that dates back to 1979 under president jimmy carter. My next guest is getting ready for the celebrations themselves on the National Mall there, rabbi levy shemtaw. He is founder of the capital jewish forum. Also the rabbi for ivanka trump and jared kushner. Rabbi shemtav, good to see you. Happy hanukkah. Happy hanukkah to you, were just a couple of hours away from whats probably the premier celebration of hanukkah in the world. And thanks for having me with you. Absolutely. So tell me how meaningful it is to have sunny skies there, which means youre going to have a wonderful turnout this evening, with the clear skies tonight. Tell me what this event symbolizes for you. Well, we have been doing this event for 40 years, fredricka, and this started in 1979 when then president carter walked out of the white house and joined the lighting and ever since then, we have had dignitary, the Vice President , members of the cabinet. This year were going to have the interior secretary David Bernhart whos going to be joining us with the president S United States marine band. Thousands of people are turning out. We put months of preparation into this, and then i guess god decides what kind of weather to bless us with and to make sure that we are able to welcome everyone. Now, we had a surge of registration over the last few days. Were now expecting some 4 or 5,000 people but of course tens of millions will see this by the media and newscasts so essentially what this is sorry to interrupt. Go ahead. No, no, essentially this is two things, i mean, its an ancient tradition going back about 2,000 years where the sages declared that in this period every year we should remember the miracle and proclaim it in the most public way possible, so though there are many jewish rituals and traditions, this is the one that must be public in order to fulfill our obligation. We take the menorah and put it in a window or doorway, someplace where people will see it, and in the past 40 years, its become customary or 45 years, actually, its become customary to place these in Public Places like Independence Mall and now at the ellipse before it was in laugh yet square. Its been in places like the eiffel tower in paris, central park in new york, moscows red square. Imagine that. Places all over the world. The sydney opera house, everywhere you can imagine. We have 15,000 celebrations going on this year which are going to draw millions of people, but this is the one that has spawned this Great Network of similar celebrations around the world, in countries that didnt have thriving jewish communities for many many years, and especially in recent times given with whats happened here in the United States both in terms of the Jewish Community and generally, i believe that in the darkness that has started to lurk in the forms of senseless hatred and acts of violence and things of that nature. One of the most effective responses we can have is light. Yes, so this is an evening of celebration and inclusion, but, you know, you talk about moments of darkness, and how the nation is grappling with so much, particularly 25 Jewish Democratic members of congress are actually calling now for the removal of a senior white house adviser, Stephen Miller and is citing, you know, his promotion of stories from white nationalists as their reasoning and looking at emails which were conveyed. Congressman James Clyburn is someone i spoke with yesterday, and he weighed in on this letter and this plea from 25 lawmakers in this manner. Im so glad my people from the Jewish Community are speaking up about Stephen Miller. This guy is really a cancer on this country, not just this presidency. So where are you on this . Well, heres the story, im decidedly and devotedly nonpartisan or bipartisan. I happy to know Stephen Miller, jim clyburn, an honoree years ago, 25 of the members who signed the letter, and im going to respectfully decline to comment on the letter or that particular issue but i am going to tell you this and ivanka trump, and jared kushner, surely they council with you and vice versa from time to time, and this is an area that i would believe would bring some consternation anyone in Public Service in the white house when youre talking about criticism about an adviser to the president whom they interact with on a regular basis. Yes, but as you can imagine, im going to keep any conversations i have with people who come to our synagogue private, thats just a basic core of my professional responsibility and clerical responsibility as a rabbi. Its not about conversation. What would you advise . What do you believe should happen . I believe that we all have to take a look at the big structure behind me called the menorah, and we have to look at how its created and what it looks like. The temple had a very similar model, and if you notice, theres a base from which branches come out to both sides and then the branches go up straight. Unlike in the temple, these candles also point straight. In the temple, the wicks would point taoward the center and on wick in the middle that pointed straight up. We are told that that wick represented divinity and the branches on both sides had the wicks pointing back to the center because no matter how we are formed whether we go right or left in our ideas, our persuasion, in our background, we have to be willing to have our wick, our illumination point towards something more central. So lets just say that i would appeal to people on the left or on the right to please have their wick point towards the center. And that way, were going to become a country thats much better off because people will not only focus on where they come from or what they believe, but open their ears and their hearts to people who may be diametrically opposed to their opinion. In that way, what we can do is cause a lot more light than heat. I think everyone in the city is looking for that. Everyone in the nation is looking for that. And youre pointing to the center, is that what they are asking . Theyre asking for company in pointing to the center that youre talking about, arent they . Well, if i were able to have the year of all 25, why dont they get together and find out if theres a common purpose. We have 350 million americans who are watching a lot of the dispute, and discord in our capitol, and what they want is people to lower the tone a little bit about what they think, and listen to what the others think because i can promise you only one thing, only good can come from sides speaking to each other, and trying to aim towards the middle divine flame. I think thats what our nation needs now this hanukkah, and its not just the Jewish Community but the entire community, and i think with all the controversies that swirl and all of the high emotions, i think if people could somehow focus on more common purpose going forward, were all going to be better for it, and i think that would be what i would tell everybody whether theyre on the left or the right, lets focus the wick, the flame, the illumination, toward the center. Lets get something everyone can live with so the nation can move forward and bring light to whats darkness for a lot of people. Rabbi levi shemtov. Thank you for having me. I wish everyone a happy hanukkah, i hope everyone finds more brightness, greatness in their life, whatever it is they need. Thank you so much for having me. Thank you so much. And well be right back. When it comes to using data, everyone is different. Which is why Xfinity Mobile is a different kind of Wireless Network that lets you design your own data. Choose unlimited, shared data, or mix lines of each and switch any line, anytime. Giving you more choice and control compared to other top wireless carriers. Save up to 400 a year when you switch. Plus, unwrap 250 off a new samsung phone. Click, call or visit a store today. The Affordable Care act could now line the hands of the court. An Appeals Court ruling that the now eliminated obama Health Insurance mandate is unconstitutional. Cnns aryan de vogue has more on how the decision could impact the 2020 race for the white house. 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