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CNN Trump Immunity Appeal June 4, 2024 16:09:00

Because it caught my interest, when evan said that trump was passing notes to the attorney, and evan, a few moments here when the judges had to repeatedly follow up on the questions and rephrase them for trump s attorneys and what were their facial expressions and body language during this? well, certainly, i think that they were trying to hue very close to the arguments and make sure they were not straying very far from the arguments and one of the things that the government points out is that trump and the legal team have evolved in some of the arguments, and so certainly, i think that for mr. sauer as soon as he hit the podium, he started to getting questions from judge childs and judge henderson, and so he didn t even have a minute, really to do his presentation, and it is always very fascinating to watch the lawyers who come to prepare for days and days and weeks, right, to do ....

That S Trump , John Sauer , Evan Perez , Body Language ,

CNN Trump Immunity Appeal June 4, 2024 15:21:00

Merits. let me ask you about marbury versus madison and what is your interpretation of the progeny or the case, itself? so, our interpretation is more in line of judge pan and yours, in that it does not erect an unreviewable power of the presidency and sort of the prime example of that is the steel seizure case, the youngstown case, and that is president truman closing steel mills, and the court coming in to review that. we see it all of the way through to the present, and so it is hard to see any world in which the court just says, you know, we can t intervene here. we do see the judge henderson s distinction between ministerial a acts and the discretionary call, because it is something that i ....

Steel Seizure Case , The Youngstown Case , Supreme Court , President Truman Closing Steel Mills , Jud Henderson ,

CNN Trump Immunity Appeal June 4, 2024 15:16:00

Dernberger when talking about immunity is which a appellant jurisdiction of collateral order are in theory. and other circuits, 1st, 2nd and 10th are following that thinking of midland and asphalt which follow the explicit constitutional statutory language that says you cannot be tried. two, in cases like cisnernos, this court has spoken otherwise, but nonetheless, one there is the 1st circuit of joseph where a judge is seeking a criminal, or raising an immunity defense to a criminal prosecution as this court acknowledged in both i believe rostenkowski and durrenberger and the court talked about claiborne and hastings which are 9th and 11th circuit cases noted that with personal immunity like that, it is different than the ....

Appellant Jurisdiction , Collateral Order , 11th Circuit Cases , Supreme Court , 1st Circuit Of Joseph , Immunity Defense ,

CNN Trump Immunity Appeal June 4, 2024 15:15:00

Recognize some novel criminal immunity and i want to start with jurisdiction as judge childs raised. it is our view that the court has and should entertain both claims before it. with respect to the immunity claim, i think that this court s decision in cisnernos ten years after midland asphalt did allude to a type of separation of powers claim that involved presidential immunity and judge henderson pointed out that the supreme court, itself, has acknowledged the idea of explicit guarantee is more of the suggestion than some statutory prescription but there are no cases since then that have used the word suggestion to follow up on that line of thinking. within the supreme court, i don t believe there have been cases, but certainly, this court in cisnernos and in cases posting midland versus asphalt, and rose versus doskowski and ....

Immunity Claim , Supreme Court , Ten Years After , Jud Henderson , 11th Circuit Cases , Versus Asphalt , Rose Versus Doskowski ,

CNN Trump Immunity Appeal June 4, 2024 15:34:00

and to pick up on my response to judge childs, we certainly stand by our review in the brief that some substantial number of allegations would fall outside of the outer perimeter and this is i think enough to affirm, and i think that either parties are urging the court then to send it back to the district court which then is going to create a series of challenging questions i mentioned earlier which are what are the evidentiary theerories that evidence could come in, and it is our strong view, and if the court were to follow that route, which we urge the court not to, which is to make clear that the immunity is and on/off switch. if the court is to affirm, send it back and no immunity, and then other things are evidentiary questions of jury instructions which any appeal is then an appeal from the final judgment if any final judgment. and the immunity defense is ....

District Court , Supreme Court , On Off Switch , Immunity Defense , Jury Instructions ,