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MSNBCW Ana July 5, 2024



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? ....

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MSNBC Ana Cabrera Reports June 4, 2024 15:03:00

And that s in the face at least with respect to the legislators of an explicit constitutional privilege. i don t view united states against johnson ex parte as resting on the ministerial versus discretionary distinction. what johnson says, it doesn t say hey when you were doing these other things, they were ministerial, what it says is these were not legislative acts. to draw the distinction between legislative and nonlegislative acts, i think that s the right reading of ex parte virginia. they say judicial act. the argument of picking a jury, i don t believe they use the word to my recollection ministerial, they say because they were picking the jury based on race is a criminal act. and whatever johnson did, i think it was the very same statute, fraud against the united states, that is before us today. i would say the distinction in those cases is between in the judicial case johnson sorry legislative the legislative ....

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