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are inherent in marbury versus madison are like delivering a seal when requested, because there is a separate statute, and the secretary of the state had two of the hats on and he was on one hand the direct agent of the president, and that could never be examinable by the courts, but on the other hand, the original statute had imposed all of the purely ministerial duties that had to do with the recordkeeping and delivering of documents and if you had a land deed that had a seal on it, and the person asked for it no, discretion at all, but the take-care clause, there is no statute that could impose on the president, a, a mandatory duty to engage, and the notion that when the president is meeting with the department of justice and enforce federal fraud statutes and that being ministerial strikes me as insupportable. well, i think that you are missing what i am asking. which is, i think that it is paradoxical to say that his constitutional duty to take care of the laws b ....
janis mackey frayer, nbc news. can t blame him. that s going to do it for me today. deadline white house starts right now. hey, everyone, it is 4:00 in new york. i m alicia menendez in for nicole wallace. no shortage of news both here at home and abroad. the truce between israel and hamas has come to an end after seven days that saw hostages released by hamas, prisoners released by the israeli government, and a steady flow of humanitarian aid into gaza. on capitol hill, new york republican george santos became the sixth person in american history to be expelled from congress. we begin with a new ruling from a federal appeals court that ex-president donald trump can be sued in relation to the january 6th attack on the u.s. capitol. rejecting his bid for sweeping presidential immunity against civil claims. trump s team had previously argued that almost all of his conduct was protected while he was still an incumbent esident. including on january 6th. and that ....
Question, there are hard questions about the nature of the official acts, and frankly, as i think that judge pan s hypothetical described, what kind of world are we living in as i understood my friend from the other side to say here, president orders the s.e.a.l. team to assassinate a political rival and resigns before an impeachment, not a criminal act. the president assails a pardon and resigns or not impeached, not a crime. i think that is extraordinarily frightening future, and this is the kind of the, if we are talking about the balancing and the weighing of the interests, that should weigh extraordinarily heavy in the court s consideration. what about the effect of blasingame, and how does it either bind us, and how is that persuasive for us? , so i think that it formally has no application at all, because of course very early in opinion the court says that we are not dealing with any ....
Themselves they would create satellite litigation additional reason not to go down this route. and looking and thinking about the answer of potentially not looking at motive and intent, when there is a criminal prosecution, that mens re is criminal charge. yes, that is the as i understand how fitzgerald outer perimeter might work, it says those types of official acts or conduct and that something from which the president is immune and you don t get to the second question of, well, did that person act then with mens rea and can we prove it under a theory available at trial, because there is no way to reach that conduct. but looking at the indictment back to judge henderson s question of blasingame there was ....
Some in the question of the office seeker versus office holder, and so do we use the blasingame for that? if this court decides way the district court did, then blasingame does not have a role at all, because if this act is official or set of allegations are official, then the question is based on the fitzgerald analysis and history precedent, et cetera, and is there any quantum of immunity for a former president, and we believe that the answer to that question is no, and the reason of the district court then to turn to the indictment and consider this outer perimeter, civil outer perimeter. and do you believe they should decide the way that the district court i suppose that i mean on the blasingame did. ....