infected by bias and pervasive lack of due process. his arbitrary capricious, and characterized by abuse of discretion. over the same weekend, the state of california ruled to keep trump on the ballot, as a colorado judge had earlier, before she was overturned by the state s supreme court. also over the holidays, special counsel jack smith urged an appeals court to reject trump s efforts to dismiss his federal election interference case on presidential immunity grounds, claiming it would, quote, threaten to undermine democracy. in his 82-page filing, smith and his team wrote separation of powers, principles, constitutional text, history, and precedent all make clear that a former president may be prosecuted for criminal acts he committed while in office. including most critically here, illegal acts to remain in power, despite losing an election. rather than vindicating our constitutional framework, the defendant s sweeping immunity claim threatens to license
washington university law school. he s the author of the forthcoming book, the pursuit of happiness, how chasical writers on virtue defined america. and mary mccord, former acting assistant attorney general for national security, msnbc legal analyst, and cohost of the msnbc podcast, prosecuting donald trump. thank you both for being here. i normally would do ladies first, and happy new year to both of you, but i m going to actually do this in reverse and start with you, jeffrey rosen, and get your level of confidence that the supreme court of the united states cannot rule that a president is immune from prosecution and that the founders somehow divined every member of congress, every member of the united states senate, and house, to be officers of the united states but not the president. so on the first question, i am pretty confident that the founders did not expect the
momentous case since bush v. gore and it will have huge implications for the election and there s no easy way for the supreme court to duck it. the thing is, mary y have no comment. i don t have a lot of confidence, mr. rosen has much more confidence than i do that there is any originalist thinking. to me, it s a political question of what outcome they prefer to have associated with themselves. what is your level of confidence? on the immunity question, i think there is a chance that s if the d.c. circuit rules in a comprehensive ruling that there is no absolute immunity for a former president, for crimes committed while in office, that the supreme court might just deny cert? that means? just don t take it at all? don t take it at all. they already denied jack smith s request that they take it and just leapfrog over the d.c. circuit. in part, i don t think that s because they didn t think it was important. i think it was because the d.c. circuit had already accelerated
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a few minutes before the top of the hour. yet another state has approved a restrictive abortion ban in the wake of the supreme court s overturning of roe v. wade. the south carolina legislature approved a bill that would ban nearly all abortions around six weeks of pregnancy. the state s republican governor has promised to sign it immediately. the bill restores an abortion ban that took effect after the supreme court s decision, but was struck down by the state s supreme court for violating south carolina s right to privacy. opponents of the new law have already said that they will sue to stop it. the decision was protested heavily, both by demonstrators outside of the senate and by lawmakers inside. a bipartisan group of female senators dubbed the sister senators filibustered to try to stop the vote.