but by february 8th, we could have a decision in that case from the d.c. circuit and the supreme court could also have told us by then what they intend to do on the immunity argument. we could be substantially more advanced in terms of whether or not former president trump will face trial and on what time frame with respect to the case before judge tanya chutkan. your friend neal called this winnable. i never disagree with him, especially when it comes to the supreme court. so, he has pulled many, many rabbits out of the hat. i think that it is definitely winnable. i do think that everyone should be cautioned that, in order to win this case, that people who are defending the colorado supreme court decision have to
because even in dana s reporting, her reporting is that cipollone might be cooperative in a limited transcribed interview. where do he claim executive privilege or even attorney/client privilege? well, i don t know that there are really there s really much left of an executive privilege claim after what the supreme court d.c. circuit and the supreme court did in the case that trump brought against the national archives where they basically said that the importance of the january 6th investigation outweighs any concern about executive privilege. the important thing to remember about the attorney/client privilege is that cipollone s client was not donald trump personally, he was he got a salary, cipollone got his salary from us, the taxpayers, he was a lawyer for the united states of america who was representing the institution of the presidency and not the president himself. so his legal advice actually
abortion and contraceptive cases and provided some insight into his thinking. we just took a look at his nomination hearing for the d.c. circuit. there s a big difference between sitting on the d.c. circuit and the supreme court. when you re on the circuit court, you have to interpret what the supreme court has said. when you re on the supreme court, you have a lot more leeway to interpret the constitution and provide guidance to lower courts. even within those confines, judge kavanaugh ruled on the petition from an undocumented minor who was in custody. right. the argument he made for why the young woman should not be able to access an abortion rested on the notion that the federal government would be complicit. he tried to sort of find a middle route. this is a completely novel, legal theory, to say that just letting somebody out of detention is somehow complice oe complicit. he ruled on a follow from hobby lobby. saying, i don t want to cover
huge bipartisan vote slid every enemy today has a habeas corpus receipting where the government has to approve if they reach that conclusion, you can be held as a prisoner of war. as long as you re a threat to our nation. it is at a fair summary? that s my understanding. along the way, your legislation did prevail in the d.c. circuit and the supreme court. it was a close call, it was 5-4 i recall. i disagree, i certainly respect the court s decision. speak out you re not going to give each commit one way or another. i m not even going to try. the bottom line here is there will be more legislation coming for the role of the government and gathering information.
huge bipartisan vote so that every enemy combatant today has a habeus proceeding where the government has to prove by preponderance of the evidence that you are, in fact, an enemy combatant than if they reached that conclusion, you can be held under the law of war as long as you re a threat to our nation. is that a fair summary of where we re at? that s my understanding. senator, along the way your legislation did prevail in the d.c. circuit and the supreme court. it was a close call. 5-4, as i recall. that just proves that five people can be wrong. you re not going to get me to commit on that one either. not even going to try. there will be more legislation coming and regarding the role of the government in gaerg information, but from sort of a civics point of view, which senator sass is going to take you through, there s a