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? [indis
and i thank you. good to be back with you on this second hour of msnbc reports with jose diaz-balart. it is 1:00 eastern, 10:00 a.m. pacific. i m in today for chris jansing. what happens today in a d.c. courthouse could be one of the most important days yet for the former president. donald trump s lawyer facing off against jack smith s special counsel team about the durability of trump s presidential immunity argument. it is now in the hands of three judges, but could this case as trump s lawyer put it open pandora s box? a president has to have immunity. and the other thing is i did nothing wrong. and the two top figures in this case, special counsel jack smith and judge tanya chutkan have now both been victims of swatting. what does that mean for the safety of public officials as we head into a busy 2024? plus, the pentagon s investigation into secretary of to hide his hospitalization from even the white house as more lawmakers on capitol hill call for his resignation.
president that refuses to concede that he lost the election. and he did lose that election. before today, trump s lawyers were absolutely what s the word -e eadamant. that the president had immunity for his conduct while in office. they wouldn t budge on this point. at first they wouldn t budge. right out of the gate, from questioning of one of the judges, they were forced to make a powerful confession, that of course, there is not absolute immunity, meaning you can never charge a former president for action taken while in office, if it was criminal or otherwise. they could you can. you can prosecute under certain circumstances. and they only admitted that, after the judge gave him a whole string of hypotheticals that can really only have one legitimate, truthful answer. could a president who ordered s.e.a.l. team 6, be subject to prosecution? if he were impeached and convicted first. the answer is no? my answer is qualified yes. a qualified what? a qualified y
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she didn t just ask do we open the floodgates, she said how do we write an opinion that doesn t open the floodgates on political prosecution. here is the answer given by the assistant special counsel james pierce. this notion that we re all of a sudden going to see a floodgate, i think again the careful investigations in the clinton era didn t result in any charges. the fact that this investigation does doesn t reflect that we re going to see a sea change of vindictive tit for tat prosecutions in the future. i think this reflectses unprecedented nature of the criminal charges here. reporter: so this case is paused as we wait for the appeals court opinion. but trump has a lot of other things going on including showing up in new york at his civil fraud trial tomorrow for the closing arguments. thank you for the reporting. pentagon reveals the defense