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,
tonight, donald trump visits capitol hill for the first time since january 6. while president biden signs a 10 year defense agreement with ukraine. then the supreme court rejects a challenge to the abortion pill mifepristone. plus, what happened today when donald trump made his election pitch to america s top ceos? as the 11th hour gets underway on this thursday night. good evening once again, i am stephanie ruhle and we are now 145 days away from the election. this weekend will mark exactly 9 years since donald trump came down the escalator and announced he was running for president and today it became clearer than ever that in those nine years he has been able to take complete control of what was known as the republican party. trump was on capitol hill today to meet with his allies in congress. it was the first time he s been on the hill since his supporters attacked the capital to try to overturn the 2020 election. as the new york times puts it, trumps visit today was
a trial. the appeal there answering the question. what are you asking the court to do? not how a jury will find, but what is the legal question here? it is not an overall fact finding hearing we are going to have witnesses and testimony or the courthouse or the a.g. s filing against trump in new york. instead, it is what is the legal basis? here s what s interesting about this, the court could bury will conclude whether there is immunity or not without touching the underlying facts of the case. the legal question is, does a president have absolute immunity that they cannot be prosecuted for anything they did while in office? didn t commit insurrection. that s not, was he engaged in insurrection? that is, do you have absolute immunity? but that, trump will be very disappointed when he found some self trying to wonder, will they actually say that i committed insurrection or not? really, quick he s arguing that he needed to have been told that his actions were illegal. is that true? n
[inaudible] the burning of evidence is, i mean, it s not even similar. he wasn t even facing jeopardy an impeachment. you re not facing prison. that is the definition of being in jeopardy. so, it s a nonstarter. take a look at all of this together. trump s legal team, i think, are seeming to argue that there is a mack truck sized hole in accountability for the highest office in the land. disapproval? yeah. it really is. particularly if you look at some of the arguments he makes in the different cases. including in a new york state case at one point. his lawyers argue, we should have a temporary stay well i m still president because after i m president, i can be prosecuted criminally. now that he is not president, he is saying, no, actually, positive thing i did as president. they are not using the law of the constitution or any provision. they re using the donald trump immunity defense, which is