and for those keeping score at home, it s two democratic appointees and one republican appointee who are hearing this case, which i think lends some optimism to the jack smith s team because of that makeup. it s also true, this argument for donald trump is a pretty extraordinary stretch. remember when we covered the mueller investigation. and there was much sdiscussion that there s is a justice department policy. not a law, but a policy, that says a sitting president should not be indicted. implicit in that policy, of course, he could be indicted later for something he did. that s always been the assumption. gerald ford pardoned richard nixon for his crimes in watergate. if he couldn t be prosecuted, there would be no need for a po pardon. for a former president, for conduct while in office. that s what the pardon was for. everyone assumed without the pardon, he could be prosecuted. once you are out of office, you are an order citizen like everyone else. interestingly
people can be indicted a bunch of times and still run for office. a black man can t. you just learn to be good, and in the and you benefit from that extra resilience. coates: i want to get right into all this with attorney jeffrey toobin, he is the author of the nine inside the secret world of the supreme court. as well as home grown timothy mcvay, and the rise of homegrown extremism. jeffrey i m glad you re here tonight. first of all take a step back with me. many people are wondering if tomorrow is the day that the appellate court will decide that trump committed an insurrection. that is not tomorrow is, tomorrow is about whether immunity exists for a president. what do you say? correct. what is important to remember about tomorrow, is it is a question of does donald trump have to stand trial? trump is arguing that the whole case should be thrown out, before it is even tried. which is unusual in a criminal case. because under his understanding of presidential immunity,
now. steve good morning, everybody. it is monday, january 8th, 2024. we start this monday morning with a focus on joe biden s border crisis. you have heard all about it. well, today, homeland security secretary alejandro mayorkas is going to head to eagle pass, texas to get a firsthand look at the chaos that border agents are dealing with day in, day out. thanks to this administration. ainsley: well, his trip comes as the new dhs report reveals more than 2.3 million migrants have been released into our country under the biden administration. brian: co-host lawrence jones is live in eagle pass this morning. is he getting a look at the border by air, land and sea. lawrence? hey, good morning, family. yeah. we are live out here. yesterday we went into the air to really see exactly what s happening on the ground, on the day-to-day basis. today we re going to go from land and take a boat out as well to see what border agents are having to deal with also the texas depar
tell you that you could have an interview setting? we will sometimes, their additional sounds, captain on the voice recorder, it doesn t recall. and, sometimes there are sounds and things that are occurring, turning on, and of. and, sometimes it s just a warning signals that s on their. but, in this, case like i said, they often, in an accident scenario, they don t have everyone still alive. unable to tell them what happened. so they re fortunate here for them. so you re just looking for sound in the cockpit that may not be otherwise captured in the investigation and this is also been a sore point for some time in the united states. and national transportation, and safety board. because they do require that to be 25 hours, on your plane models. and, then in the united states. it s two hours. i have to tell, you it s a little surprised, every time i hear this data.
sometimes it s just the warning signals on there. but in this case, in an accident scenario, they don t have everyone still alive and able to tell them what happened. they are fortunate here for that. you re listening for things that might not otherwise be captured in the investigation phase. this has been a sore point for some time with the united states national transportation safety board because european countries do require that to be 25 hours on newer plane models and in the united states it s two hours. i m surprised every time i hear this data. one would think if a door or part of a plane blows off, for whatever reason, one would override however many windows you want to have that data and recording preserved.