said clearly not. i think they should have stuck to the scope of the presidential duties argument. tfltsds have been a better day for them. the president saw the tape there kind of flat. usually pretty robust in his comments and combative, and he was flat there yesterday. he looked like he knew he didn t have a good day. what does this do to what the biden campaign has chosen to focus on, saving democracy? yeah. it s interesting, trump gets sdooitsed and able to raise a million dollars, but joe biden after giving his speech in valley forge was also able around protecting democracy, was able to raise a million dollars. i think it is an issue that american public will pay attention to if it is a biden-trump runoff and it s exactly what biden campaign wants to run against. donald trump is a threat to our democracy, that is not a fiction, that is not a campaign slogan. it is accurate. we saw what happened on january 6th. we saw the arguments his
those were the competing arguments that judges will now be considering. it took about five minutes to go back to the congressional record of the impeachment where trump s own counsel said no, he can be charged after office, but in terms of precedent here, we say there s not a lot. is there anything we can lean on? there is. it s interesting. there was talk about ancient cases. marbury versus madison, the first case you learn in law school that goes way back. i want to point to a couple recent examples that may give us an indication here. we ve seen other people claim what they did was within the scope of their jobs, not immunity, but mark meadows and jeffery clark, for example, they re both charged in georgia state court in the fulton county case and argued they re entitled to go over to federal court because what they were doing was within the scope of their jobs as chief of staff and at doj. those arguments over too. both rejected. donald trump himself, he s being sued civil vall
at this and say candidate, president, head of executive branch? let me give you this analysis. there have been other people who have raised similar claims. they said what i was doing in the run-up to january 6th was part of my official job. for example, mark meadows has made the same argument. it s basically the same test. meadows said, well, what i was doing as white house chief of staff, that was part of my job. rejected. jeffrey clark, same thing. part of my official federal job at doj, rejected. donald trump himself in a different case, he s being sued for over january 6th by police officers who were there at the scene. civil case. and this argument about whether donald trump is civilly immune was within the job of president, that went to this same court we just heard, different panel of judges but the court of appeals in d.c., and they rejected. they said, no, what you were doing was outside the scope of the presidency. it s not as clear cut as if there s a traffic accident as
contemporaneous notes from the details of the indictment, what pence is saying on the campaign trail, which is just a little stronger than what he was saying before. still short of a full condemnation of donald trump. we look at all that together and say mike pence has decided which side of this he s going to be on. he decided a long time ago, and you know, sort of adjusting. but i think what s important about that, what we have learned about the republican primary electorate is the more that somebody criticizes donald trump over january 6th, the less likely they are to be a viable candidate at least in the short term. congressman dent says that if he was in that race, he would be in there mixing it up with trump. the thing is maybe that would pay off long term, but certainly in the short term what we see is those who do that end up on the short side of the polling. yeah, i mean, charlie, i want to play for you something a new hampshire voter at an event for asa hutchinson who has be
publicly has he s suffering this for, you know, everybody else s benefit. look, he is playing this politically. he has incorporated the indictment that he has already that he has now and the possibility of another and possibly yet another, one in georgia and one in washington over january 6th and his efforts to stay in power. he has melded this completely into his political campaign. and you re, i think, going to see that going forward for some time. he is you know, he laughs it off or he dismisses it or he describes it as a witch hunt. and the you re going to see that for a long time. he has been very angry at various points about the federal indictment in particular. he is facing a lot of legal action. he s not happy about any of it. but he s still going to make that a key feature of his messaging. in terms of prosecutors talking to members of his family, he is not happy about that. and it adds to his complaints privately that they are targeting him and targeting the trumps.