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I think the supreme court is going to deny cert. i don t think they re going to take it. the supreme court bit off a big bite of the apple by agreeing to take the case from the colorado supreme court involving whether or not trump could be on the ballot. i think that the d.c. court of appeals here will reject easily, will reject the claim that there s total immunity. so richard nixon, when he resigned, there was a period of time when my boss when i was a very young lawyer was considering whether or not to prosecute him. that was taken off the table by president ford pardoning him and president nixon accepted the pardon. so if he was immune from being prosecuted, there was no pardon for him to accept. recently, it was held by this supreme court that the president is not immune from even a local subpoena for his financial ....
Court. it s an opportunity for this court already burdened with politically volatile issues to pass allowing the circuit court judgment to remain. so we ll see. we ll have to wait and see. and norm, how do you think this will as this plays out, how will it affect the special counsel s case? well, a lot will come down to whether the supreme court says another hot potato, no thanks, cert denied. if they pass on that and the d.c. circuit goes quickly, i don t think donald trump has the votes for an en banc review. he cannot get a majority of the d.c. circuit that is going to say, hey, let s add more time. so if that happens, the fastest time line, we could be back in trial proceedings before judge chutkan in some time in the spring. that march 5th trial is not going to go on march 5th at this point. ....
Questions yet. this granting of the cert was fairly open ended, so they might still narrow the questions. that really depends, kaitlan, on what they end up ruling on. so, for example, if they say that he is an officer, then cert cert certain, you know, other states can follow that. then these states can come to different outcomes, which to me is fine. but they re going to want uniformity. one way out of this is to say you have to have a certain kind of process. and if that congress if congress is the one to do that process, then that s going to apply across the board. elie, we heard from one of trump s attorneys earlier. you know, you just heard that sound bite there of trump on the campaign trail just a few moments ago saying that yellowstone he wants to make sure that the justices are going to be fair, noting that he put three of them on that court. one of his attorneys, alina habba, reminded people on fox news, of what trump has done for ....
what s interesting is i think people were hoping this would shed light on that. when the colorado plaintiffs submitted their own response to trump s cert position, they said trump put before the court a single question that should break up into multiple distinct legal and factual questions. instead, what the court did here was simply grant cert on that one question did the colorado supreme court err in ordering president trump exclupded from the 2024 presidential primary ballot? in reaching that decision, the colorado supreme court, as neil particularly knows well, reached a number of conclusions not just about what president trump did leading up to and on january 6th, but also questions about colorado s own law and what duties, for example, the secretary of state had and whether she could be sued by the people who filed this suit. a number of those questions were ....
Whether the court will grant cert on those additional questions and whether they will reach them if they take the case and how they ultimately resolve it. elliot, i mean, you reference this earlier, the former president s attorneys are arguing the insurrectionist ban does not apply to the presidency, and he section three of the 14th amendment does not specifically mention the presidency, which is true, it says officer of the united states. the counter argument is doesn t make any sense the authors would ban insurrectionists from holding virtually every other job in the government, symbol of the military, and not the highest office in the country? it s sort of preposterous as a matter of plain language you and i, talking the president of the united states is not an officer of the united states is ludicrous. however, read the language of the constitution and it is quite clear that they say frankly there is another provision of the constitution that says the president, colma, vice p ....