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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 ....
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? ....
There is a possibility they may see some opportunity for some immunity for some president ial decisions. If they decide it that way, it may have to go back down to the District Court which could cause further delay. I appreciate you not being sidetracked by somebody who apparently wants to scream louder than anybody else. Catherine, the lower courts have been unanimous that trump cannot claim immunity. Does that tell you something . I cant imagine theyre going to say a former president has absolute immunity for criminal acts. What will be a win for donald trump is if theyre saying were sending it back to judge chutkan to determine which, if any he would have immunity for and which he would not. Thats a win because that would delay the trial, which is already delayed. So what of course obviously jack smith and Special Counsel is hoping for, a majority of the court will just s ....