maria: welcome back. president trump is fighting back, the supreme court will now weigh in on trump s eligibility to run for president. the court agreed the take up trump s appeal to the colorado supreme court in an expedited track. oral arguments are expected by february 8th and a ruling soon after as democrats in colorado and maine are seeking to keep former president trump off of the election ballot. as new york attorney general letitia james is stepping up her pressure in a filing on friday, james demanding that trump be banned for life from the state s real estate industry as well as he and his business associates be fined $370 million. that is, of course, an increase from the $250 million that she was originally speaking. seeking. joining me with reaction and response to all of this is alina habba, attorney for former president trump. thanks very much for being here.
due, i m not talking about the due process clause of the fifth and 14th amendments. why? because the prohibition in the constitution involving two processes, you can t deprive somebody of life, liberty, or property without the due process of law. deciding whether somebody is qualified or not to be on an election ballot has nothing to do with the depriving them of life, liberty, or process. so, it comes to my basic definition, in the question, whether the 50 states, which are entitled to run their own elections, have rational processes in place that s all runs arbitrary and capricious to decide who is qualified and who is disqualified. let s hope this supreme court remembers that is usually quite concerned with the separation of federal power and states rights, because this is largely a states rights question. you know, glenn, something that is sticking in my crop right now, as we see this case
insurrection could be removed from office, but the president of the united states, the highest officer, is somehow excluded from that analysis just because the word president isn t used in the 14th amendment? many legal scholars look at what does the text of the constitution state. it says officer. if anyone was to ask in a plane, everyday conversation, do you think the president is an officer of the united states, i think everyone would readily say yes. but, of course, this decision hasn t been rendered before and the supreme court may use this to avoid the question of insurrection and could use this to avoid removing donald trump from the election ballot. fascinating. seth waxman, thank you so much. in the next hour, the colorado secretary of state will be joining me live. coming up, we re tracking a major winter storm system right now in the northeast that could dump up to a foot t of snow in
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