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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 ....
any moment now donald trump will be arriving at the courthouse where a three judge panel will hear arguments, can the former president be held criminally responsible for his efforts to overturn his 2020 loss or does he have immunity from prosecution. this is special coverage, i m layer ar laura coates. and i m kaitlan collins. this could ultimately change the landscape of what presidents are allowed do. trump is foregoing the campaign trail to be at these oral arguments as he claim that s has absolute immunity, that his actions constitute official acts that he took while in office. of course i was entitled as president of the united states and commander in chief to immunity. i m entitled to immunity. every president has immunity. especially one that did the job i did. i did a great job. and i wasn t working for myself, i was working for the country. i wasn t campaigning. election was long over. wasn t campaigning. i was looking for voter fraud, something that i ha ....
along with analysts chuck rosenberg and lisa rubin. what can we expect based on arguments put forward in advance by both sides? reporter: to set the scene, because donald trump is here in person the security has really been ramped up. there s a much greater police presence. in terms of in the courtroom, this is a long shot for donald trump, this idea that a former president can t be prosecuted for any acts whited while serving in offense, it s belied by the fact that gerald ford pardoned richard nixon. this three-judge panel is an all-female panel with two judges appointed by president biden and one appointed by former president george h.w. bush. in addition to arguing immunity, trump lawyers are also making the argument that this produce is improper under double jeopardy. ken, i need to interrupt you because the hearing is starting. let s listen in right now. our jurisdiction was challenged by an amicus. you are not questioning our collateral order jurisdiction? ....
Statutory jurisdiction being distinct from article 3 jurisdiction which we could never assume, because that implicates the power of the court to act. if we had discretion to reach the merits versus just dismissing this case under midland asphalt, which i think is a strong precedent, which suggests that this appeal is interlocutory, and not does not fall under the collateral order doctrine, how should we determine how to exercise that jurisdiction about whether or not we should reach the merits? i think in the american hospital decision, the 2020 decision, the court said said the formulation was something like we re doubtful as to our jurisdiction, but nonetheless, invoking the line of cases you ve just described, went on to decide the merits. we would urge the court to do the same here. even if it entertains doubts with respect to the jurisdiction. yes, hypothetical statutory jurisdiction is available under the law of the circuit. the court should use that to ....
we denied the jurisdiction, that s correct. and you have either abandoned or not made the fifth amendment double jeopardy argument before us. from the impeachment judgment claw. we haven t argued had if you go to the straight double jeopardy clause that that alone would result in impeachment. we haven t said straightforward directly under the double jeo jeopardy clause in this court. so before that occur, i want to speak to you more about jurisdiction. because we still have to satisfy ourselves that we have the jurisdiction. with respect to the collateral order doctrine, how do you place that in line with the case that specifically says in a criminal case your jurisdiction needs to stem from the constitution or be ....