john, who would bring it to the courts? is it congress, democrats in congress who would challenge, you know, line by line, the claims of executive privilege? that would be the most likely source. and that is actually under the case law that exists one of the weakest sources. when the senate watergate committee tried to get nixon s tapes, they didn t fair well at all. they lost at the lower court level and the appellate court level and never got to the supreme court. the strongest case is somebody on behalf of the courts proceeding. it s theoretically possible they could get to a civil case by asking somebody to testify from the white house, who would refuse, and to produce the documents and refuse. and that could get into the civil proceedings. but as jeff says, these can be very protracted. and it could take a long time to resolve. john, you testified in public about your conversations with the president.
anyone who was related to prior the inauguration. they weren t necessarily covered by the inauguration, by the executive privilege, unless they somehow were a part of the executive portion of donald trump s existence. that may be a stretch in and of itself. right. and even when a president s communications are involved, that doesn t end the discussion. the famous united states versus nixon case of 1974, where the supreme court unanimously said the president had to surrender the white house tapes, which were, of course, all about his communications with his advisers, they said, because it was a subpoena involving a pending criminal trial, there was a counterveiling interest there where the public where the court had the right to get it. so but, again, the clock matters here, too. here we are, we re already in march of 2019. if this goes to the courts, it probably wouldn t even be resolved until next year. and then you re already into the election.
eradicated. but there is a deadline that people need to sign up for it. and then they have to wait and see what happens with the process of appeals. and there is certainly going to be appeals. many states have already said that they would be appealing and that it would go to the supreme court. and if you look at what happened based on 2012 where the supreme court basically ruled in favor of sustaining the affordable care act, though it may be a slightly different situation this time because it is a little bit more of a conservative court, legal experts are claiming that the appeals process is likely to go in favor of maintaining the obamacare. thank you for taking time to give your perspective. we ll keep in touch with you. thank you. australia s prime minister has announced that his government now recognizes west jerusalem as the capital of israel. let s get the latest now live from jerusalem. ian lee is covering the story. and ian, what is the reaction in
nation. yes, you put out a tweet. but you don t keep hammering home how anti-semitism is wrong or demonizing people of color is being wrong. where the president is going is wrong. and further, it s legally wrong. his own appointment to the fifth i believe it was the ninth circuit court of appeals, wrote in the wall street journal that birth right citizenship is enshrined in the constitution. and there s case law that the supreme court has decided on. the person in 1898, where the supreme court reaffirmed it. so i don t know what lawyers donald trump is talking to but the one he s appointing to are saying birth right citizenship exists. i don t know if he knew that many federal society guys back when he was running. that was are mo of hmore of his cohen days. eddie what blows my mind is,
kavanaugh will be confirmed. it has been neither been simple or easy. in a moment, more on the legal ramifications but first, how we got here and what happens tomorrow. what are the next steps? where do things go from here? at least on the technical side of things, the senate is in the middle of 30 hours of debate. they will have the final vote and it is clear they have the votes. the broader question of where the senate goes from here, where the institutions go from here, where the supreme court goes from here, where the conversation goes from here. i was asking this question to a senior gop aide who that it is only going to get worse. that s the feeling. this wasn t rock bottom like what you heard susan collins say she hoped. perhaps they take a step back and say perhaps there s a better way to go. this will likely only escalate in the weeks and months ahead.