along with analysts chuck rosenberg and lisa rubin. what can we expect based on arguments put forward in advance by both sides? reporter: to set the scene, because donald trump is here in person the security has really been ramped up. there s a much greater police presence. in terms of in the courtroom, this is a long shot for donald trump, this idea that a former president can t be prosecuted for any acts whited while serving in offense, it s belied by the fact that gerald ford pardoned richard nixon. this three-judge panel is an all-female panel with two judges appointed by president biden and one appointed by former president george h.w. bush. in addition to arguing immunity, trump lawyers are also making the argument that this produce is improper under double jeopardy. ken, i need to interrupt you because the hearing is starting. let s listen in right now. our jurisdiction was challenged by an amicus. you are not questioning our collateral order jurisdiction? [indis
rule, then he loses. so i think that s basically right. the defendant s theory over the course of this litigation has einvolved a bit and i think now before this court i understand the argument to be principleably the principle submission to be as you just described. this what he we call in our brief a condition brief argument. there is only criminal liability for a former president if that president has been impeached and convicted. and that is wrong for textual, structural, historical reasons. one reason to amplify the point, it would mean that if a former president engages in assassination, selling pardons, these kinds of things, and then isn t impeached, and convicted, there is no accountability for that individual. and that is frightening. now, to go back to some of the textual and structural and