you're not supposed to do that. every one of these cases you see comes out of the white house, l it comes out of biden. there are definitions involved about whether the president is an officer of the united states, and whether or not a state can execute this clause, or whether it has to be congress that does it. i think it's just so outrageous that trump continues to think that he is above the law, above the constitution, and above the court system. joining me on the panel tonight is dr leslie vinjamuri, the director of the us and americas programme at the chatham house and professor of international relations at soas university of london — and doug heye, the former communications director of the republican national committee. first though, the latest bbc news.

the eu's climate service says that for the first time, global warming has exceeded 1.5 degrees celsius above pre—industrial levels across an entire year. limiting long—term warming to no more than 1.5 degrees is a key target in efforts to tackle climate change. counting is under way in pakistan's general election. mobile phone services across the country are being restored, after being suspended just as voting began. police searching for the man suspected of carrying out the chemical attack in clapham have raided two addresses in north tyneside — 400km to the north of london. no arrests were made. the whereabouts of abdul shokoor ezedi remain unknown. queen camilla says king charles is doing extremely well under the circumstances, following the start of his cancer treatment. she said he had been very touched by all of the letters and messages of support. good evening. back in december, the supreme

court in colorado took an unprecedented decision. by a 4—3 majority, the justices ruled that donald trump had engaged in an insurrection onjanuary 6th, and was therefore ineligible to be president of the united states and would be removed from the presidential ballot in november. their opinion was based on a clause from the civil war era, the 14th amendment, which bars former "officers of the united states" who "engaged in insurrection or rebellion" from holding "any office" again. today, the supreme court in washington begun hearing oral arguments in the appeal. trump's lawyers have pinned their hopes on three main arguments — that the insurrection clause of the 14th amendment does not apply to a president, that the events of january the 6th did not amount to an insurrection — and even if it was, the former president did not "engage" in said insurrection. here's some of the argument we heard in court. president trump is not covered by section three because the president is not an officer of the united states, as that term is used

throughout the constitution. officer of the united states refers only to appointed officials, and it does not encompass elected individuals such as the president or members of congress. even if the candidate is an admitted insurrectionist, section three still allows the candidate to run for office and even win election to office, and then see whether congress lifts that disability after the election. live to washington and our north america correspondent, gary o'donoghue. good to have you with us. i can probably think what the supreme court wants to do with this, and thatis court wants to do with this, and that is to find the narrowest, most boring way to get donald trump back onto the ballot in colorado— but it might not be that simple. m0. onto the ballot in colorado- but it might not be that simple.- might not be that simple. no, it miaht not might not be that simple. no, it might not but — might not be that simple. no, it might not but there's _ might not be that simple. no, it might not but there's a - might not be that simple. no, it| might not but there's a potential off ramp, which is to take this argument about it being really down to congress to decide whether or not people are able to hold office. and

thatis people are able to hold office. and that is a potential way of not taking a view, for a start, on whether or not he's an insurrectionist and not putting themselves down on these arguments about the detail of the 14th amendment, and who is and isn't an officer. so i think that may be one way that might be heading, but i think you are right in saying that the tone of the hearing this morning was absolutely clear — even significant scepticism from what you would've called the more liberal members on the court, people like justices jackson and soeda meyer, there is a clear mood when he saw there is a clear mood when he saw the questioning of the colorado council that the supreme court are not happy about this case at all. the chiefjustice, john roberts, is sitting in the middle of a 6—3 conservative majority — how much is this a test for him given the political divide in the country? his

bi political divide in the country? h 3 big thing all along during his term as chiefjustice is to try and insist this is not a political court. he has this phrase, "no one is an obama or clintonjudge, known as a trumpjudge." so he's is an obama or clintonjudge, known as a trump judge." so he's always bent over backwards to try to take the politics out of the court — the problem is that all these judges are appointed by politicians, and they are characterised as left—leaning, right—leaning, conservative, texture lists, originalists — you take your choice in terms of what they describe themselves as. and ever since gore view bush in 2000 when the supreme court did intervene significantly in the poetical process, there's been a fear it'll be dragged back that way, and that's what roberts has been trying to avoid all along.—

avoid all along. gary, stay with us because there'll _ avoid all along. gary, stay with us because there'll be _ avoid all along. gary, stay with us because there'll be more - avoid all along. gary, stay with us because there'll be more to - because there'll be more to get into. this afternoon, donald trump argued that striking him from the ballot would sow chaos across america. it's not known when the justices will give their ruling, but colorado's republican primary takes place early next month. here he is. you cannot allow a president to be out there without immunity. - they don't have immunity, i you don't have a presidency. reporter speaks you lose all — excuse me — you will lose all... - you lose all form of free i thought and good thought, and you will probably weaken . the presidency to a point that it was never supposed to be weakened. it would be a very bad thing for our country. | live to california — and legal expert neama rahmani, who's a former federal prosecutor, and the president of west coast trial lawyers. thank you for being with us. when i listened to jonathan thank you for being with us. when i listened tojonathan mitchell today, he was clearly trying to steer the justices far away from the events of january 6th as he could. did he succeed? i january 6th as he could. did he succeed? ~' , . succeed? i think he did, christian, and really it _

succeed? i think he did, christian, and really it was _ succeed? i think he did, christian, and really it was just _ succeed? i think he did, christian, and really it wasjust until- succeed? i think he did, christian, and really it was just untiljustice i and really it was just untiljustice jackson's last question about the insurrection — you saw the justices focused on the procedure, it doesn't require an act of congress, and it's really not a question of if trump will win, but how he will win and by how much. ifully will win, but how he will win and by how much. i fully expect and 8—1 court to rule on procedural grounds, not substance. it’s court to rule on procedural grounds, not substance.— not substance. it's interesting donald trump _ not substance. it's interesting donald trump was _ not substance. it's interesting donald trump was not - not substance. it's interesting donald trump was not in - not substance. it's interesting| donald trump was not in court not substance. it's interesting - donald trump was not in court today, he was going back and forth on whether he should be there. it's also interesting how much this case got on american networks. how important and unprecedented is what's unfolding in the supreme court right now? it is what's unfolding in the supreme court right now?— court right now? it is really unprecedented, _ court right now? it is really unprecedented, this - court right now? it is really - unprecedented, this amendment court right now? it is really _ unprecedented, this amendment hasn't been litigated like this since the civil war. and i think trump is mike lawyers did a good job keeping trump outside the courtroom, they knew they had the upper hand and many paths to victory, and trump's presence there would just be a distraction and make an already

politcised argument even more political. i5 politcised argument even more olitical. , _, . politcised argument even more olitical. , . . political. is the core and impartial arbiter in this? _ political. is the core and impartial arbiter in this? because _ political. is the core and impartial arbiter in this? because of- political. is the core and impartial| arbiter in this? because of course, we have someone in the court, justice clarence thomas, whose wife was actually involved in the affairs of january 6th. the court has become very political, i was just asking gary how much of a challenge it is for the chiefjustice — do you think they are all amounting to nothing here in whatever they decision they come to? i here in whatever they decision they come to? . g , . come to? i agree with justice, there are certain — come to? i agree with justice, there are certain justices, _ come to? i agree with justice, there are certain justices, like _ come to? i agree with justice, there are certain justices, like justice - are certainjustices, likejustice thomas, you're referring to his wife and social media activity with respect to these alternate electors — that's a problem, but you also have justice alito, — that's a problem, but you also havejustice alito, and the remaining justices care about the legacy of this court and its impression that it's become politcised. if they can find some narrow way to get trump on the ballot without addressing the merits of whetherjanuary 6th was an insurrection and whether donald

trump engaged in it, i think that'll be their preferred majority opinion and i wouldn't be surprised if many of the liberals joined it, as well. leslie, what you think we will hear from the colorado secretary of state when she speaks to the justices? clearly disappointment, we know that colorado _ clearly disappointment, we know that colorado is _ clearly disappointment, we know that colorado is the reason we have this case: _ colorado is the reason we have this case, they've made a decision, trump appealed _ case, they've made a decision, trump appealed it _ case, they've made a decision, trump appealed it and the supreme court very wisely moved very quickly to review _ very wisely moved very quickly to review this — very wisely moved very quickly to review this. i think one of the fundamental questions here is also about— fundamental questions here is also about the right of a single state to in effect _ about the right of a single state to in effect make a decision which would — in effect make a decision which would have ripple effects across much _ would have ripple effects across much of— would have ripple effects across much of the country, it's not the only— much of the country, it's not the only state — much of the country, it's not the only state that would like to remove the former— only state that would like to remove the former president from the ballot on the _ the former president from the ballot on the basis of this constitutional amendment that goes back to 1868 and, amendment that goes back to 1868 and. as— amendment that goes back to 1868 and, as we just heard, hasn't really been _

and, as we just heard, hasn't really been used — and, as we just heard, hasn't really been used in — and, as we just heard, hasn't really been used in this way. so there's a real concern, — been used in this way. so there's a real concern, if colorado thinks it's about — real concern, if colorado thinks it's about colorado, that's what a state _ it's about colorado, that's what a state should think — but clearly this has— state should think — but clearly this has very significant political implications, it has implications for the — implications, it has implications for the rights of states vis—a—vis each _ for the rights of states vis—a—vis each other~ _ for the rights of states vis—a—vis each other. and i think there's a broader— each other. and i think there's a broader question, outside the legal question. _ broader question, outside the legal question, of who decides? who should have the _ question, of who decides? who should have the authority to decide who the next president of the united states is? and _ next president of the united states is? and colorado says that in the state _ is? and colorado says that in the state of— is? and colorado says that in the state of colorado, it is the citizens _ state of colorado, it is the citizens of colorado — buffer a country — citizens of colorado — buffer a country where any state could decide the outcome of this entire election by taking _ the outcome of this entire election by taking a — the outcome of this entire election by taking a presidential candidate off the _ by taking a presidential candidate off the state, it could turn an entire — off the state, it could turn an entire presidential election. that's was fascinating, _ entire presidential election. that's was fascinating, if _ entire presidential election. that's was fascinating, if you _ entire presidential election. that's was fascinating, if you look - entire presidential election. that's was fascinating, if you look at - entire presidential election. that's was fascinating, if you look at the | was fascinating, if you look at the previous judgements the supreme court has weighed in on, they tend

to refer to the individual states. in in this case, they would be saying that colorado doesn't get to choose who goes on the ballot on the presidential election. but i'm worried about what donald trump says — can you see a scenario in this tit—for—tat that would go on, where in fact biden might be taken off the ballot in some states? can you hear me, doug?— me, doug? sorry, yes, i do see that scenario. me, doug? sorry, yes, i do see that scenario- in — me, doug? sorry, yes, i do see that scenario. in fact, _ me, doug? sorry, yes, i do see that scenario. in fact, we've _ me, doug? sorry, yes, i do see that scenario. in fact, we've seen - scenario. in fact, we've seen republican— scenario. in fact, we've seen republican secretaries - scenario. in fact, we've seen republican secretaries of. scenario. in fact, we've seen. republican secretaries of state essentially— republican secretaries of state essentially say _ republican secretaries of state essentially say they _ republican secretaries of state essentially say they would - republican secretaries of state essentially say they would go i republican secretaries of state - essentially say they would go ahead and do _ essentially say they would go ahead and do this— essentially say they would go ahead and do this as — essentially say they would go ahead and do this as a _ essentially say they would go ahead and do this as a retaliatory - essentially say they would go ahead and do this as a retaliatory act. - essentially say they would go ahead and do this as a retaliatory act. so i and do this as a retaliatory act. so ithink— and do this as a retaliatory act. so i think part — and do this as a retaliatory act. so i think part of— and do this as a retaliatory act. so i think part of what _ and do this as a retaliatory act. so i think part of what makes - and do this as a retaliatory act. so i think part of what makes this - and do this as a retaliatory act. so. i think part of what makes this case today— i think part of what makes this case today interesting, _ i think part of what makes this case today interesting, the _ i think part of what makes this case today interesting, the hearings- today interesting, the hearings interesting _ today interesting, the hearings interesting is _ today interesting, the hearings interesting is that _ today interesting, the hearings interesting is that it _ today interesting, the hearings interesting is that it looks - today interesting, the hearings interesting is that it looks to l today interesting, the hearings| interesting is that it looks to be notjust— interesting is that it looks to be not just that _ interesting is that it looks to be not just that donald _ interesting is that it looks to be not just that donald trump - interesting is that it looks to be not just that donald trump will| interesting is that it looks to be i not just that donald trump will be in, not just that donald trump will be in. but _ not just that donald trump will be in. but donald _ not just that donald trump will be in, but donald trump _ not just that donald trump will be in, but donald trump will- not just that donald trump will be in, but donald trump will win- not just that donald trump will be in, but donald trump will win this| in, but donald trump will win this case very— in, but donald trump will win this case very easily _ in, but donald trump will win this case very easily. the _ in, but donald trump will win this case very easily. the questions i case very easily. the questions that we heard _ case very easily. the questions that we heard coming _ case very easily. the questions that we heard coming from _ case very easily. the questions that we heard coming from places - case very easily. the questions that we heard coming from places of- we heard coming from places of scepticism — we heard coming from places of scepticism came _ we heard coming from places of scepticism came from _ we heard coming from places of scepticism came from a - we heard coming from places of scepticism came from a lot - we heard coming from places of scepticism came from a lot of. scepticism came from a lot of liberal— scepticism came from a lot of liberaljustices, _ scepticism came from a lot of liberaljustices, people - scepticism came from a lot of liberaljustices, people who . scepticism came from a lot of- liberaljustices, people who clearly were not— liberaljustices, people who clearly were not trump— liberaljustices, people who clearly were not trump fans, _ liberaljustices, people who clearly were not trump fans, appointed i were not trump fans, appointed either— were not trump fans, appointed either by— were not trump fans, appointed either by president _ were not trump fans, appointed either by president obama - were not trump fans, appointed

either by president obama or. were not trump fans, appointed - either by president obama or biden — either by president 0bama or biden — clearly— either by president obama or biden — clearly they _ either by president obama or biden — clearly they are — either by president obama or biden — clearly they are sceptical _ either by president obama or biden — clearly they are sceptical of _ either by president obama or biden — clearly they are sceptical of this - clearly they are sceptical of this as well, — clearly they are sceptical of this as well, and _ clearly they are sceptical of this as well, and it _ clearly they are sceptical of this as well, and it looks _ clearly they are sceptical of this as well, and it looks to - clearly they are sceptical of this as well, and it looks to be - clearly they are sceptical of this as well, and it looks to be in i clearly they are sceptical of thisi as well, and it looks to be in this sense a — as well, and it looks to be in this sense a good _ as well, and it looks to be in this sense a good day— as well, and it looks to be in this sense a good day for— as well, and it looks to be in this. sense a good day for trump legally. also politically _ sense a good day for trump legally. also politically, there _ sense a good day for trump legally. also politically, there is— sense a good day for trump legally. also politically, there is a _ sense a good day for trump legally. also politically, there is a risk- sense a good day for trump legally. also politically, there is a risk if- also politically, there is a risk if this were — also politically, there is a risk if this were to— also politically, there is a risk if this were to succeed _ also politically, there is a risk if this were to succeed for - also politically, there is a risk if this were to succeed for the - also politically, there is a risk if. this were to succeed for the biden campaign, — this were to succeed for the biden campaign, we _ this were to succeed for the biden campaign, we often _ this were to succeed for the biden campaign, we often hear- this were to succeed for the bidenl campaign, we often hear president biden— campaign, we often hear president biden say— campaign, we often hear president biden say that _ campaign, we often hear president biden say that democracy - campaign, we often hear president biden say that democracy is - campaign, we often hear president biden say that democracy is on - campaign, we often hear president biden say that democracy is on the j biden say that democracy is on the ballot _ biden say that democracy is on the ballot - _ biden say that democracy is on the ballot - and — biden say that democracy is on the ballot - and if— biden say that democracy is on the ballot — and if trump isn't- biden say that democracy is on the ballot — and if trump isn't able - biden say that democracy is on the ballot — and if trump isn't able to i ballot — and if trump isn't able to be on _ ballot — and if trump isn't able to be on the — ballot — and if trump isn't able to be on the ballot, _ ballot — and if trump isn't able to be on the ballot, win— ballot — and if trump isn't able to be on the ballot, win or- ballot — and if trump isn't able to be on the ballot, win or lose, - ballot — and if trump isn't able to| be on the ballot, win or lose, that cuts into— be on the ballot, win or lose, that cuts into his — be on the ballot, win or lose, that cuts into his argument _ be on the ballot, win or lose, that cuts into his argument and - be on the ballot, win or lose, that cuts into his argument and it's - cuts into his argument and it's something _ cuts into his argument and it's something they _ cuts into his argument and it's something they need - cuts into his argument and it's something they need to - cuts into his argument and it's something they need to be - cuts into his argument and it's - something they need to be careful about— something they need to be careful about if— something they need to be careful about if this — something they need to be careful about if this decision _ something they need to be careful about if this decision were - something they need to be careful about if this decision were to - something they need to be careful about if this decision were to go i about if this decision were to go the other— about if this decision were to go the other way _ about if this decision were to go the other way. if— about if this decision were to go the other way. if trump - about if this decision were to go . the other way. if trump is allowed to be _ the other way. if trump is allowed to be on— the other way. if trump is allowed to be on the — the other way. if trump is allowed to be on the ballot, _ the other way. if trump is allowed to be on the ballot, i'd _ the other way. if trump is allowed to be on the ballot, i'd expect - to be on the ballot, i'd expect to hear— to be on the ballot, i'd expect to hearjoe — to be on the ballot, i'd expect to hearjoe biden— to be on the ballot, i'd expect to hearjoe biden talk about - to be on the ballot, i'd expect to hearjoe biden talk about this i to be on the ballot, i'd expect to hearjoe biden talk about this a i to be on the ballot, i'd expect to. hearjoe biden talk about this a lot more _ hearjoe biden talk about this a lot more. ~ . , ., hearjoe biden talk about this a lot more. ~ . i. . �*, more. while i have you all, let's ask ou more. while i have you all, let's ask you about — more. while i have you all, let's ask you about something - ask you about something that happened in the last half hour. the investigation into the classified documents which were kept byjoe biden has found that he did willfully retain them and disclosed them — but has concluded that there is no need for any prosecution. this is one of the locations where the documents were found — the building housing the penn biden centre, in washington. they date back to mr biden's time as vice president — he was one of the people interviewed during the special counsel's investigation.

gary, ican gary, i can see a scenario here were republicans say if you willfully concealed these documents, why is he not being prosecuted for it? the ara ument not being prosecuted for it? the argument the — not being prosecuted for it? tue: argument the social council not being prosecuted for it? tte: argument the social council is making is that a jury wouldn't convict, they wouldn't find that he tried to break the law beyond a reasonable doubt — while they conclude that it was willful and he disclosed national security secrets to a ghost writer, that his intention wasn't to break the law. see, that's the good news — the bad news about this report is that it is absolutely damning aboutjoe biden's capacities, particularly his memory. let mejust read capacities, particularly his memory. let me just read you one sure thing, it says, "mr biden would likely present himself to a jury as he did to us during our interview with him, as a sympathetic, well—meaning, elderly man with a poor memory." and they go into detail on various parts of the interviews that he undertook with them where he couldn't remember

when he was vice president, couldn't even remember the dates when his son died — which of course is a very important for him. this is something the white house is trying to clear up the white house is trying to clear up right now in a big way, describing it as inappropriate — they tried to have this material struck from the report, there an appendix from it from one of the special council lawyers. it's all been published, and this is in some ways much worse forjoe biden then it might�*ve been because of these suggestions that his capacities — notjust now, but going back to 2017 — are significantly diminished. this is something they'll have to work out a way of responding to in a more structured way, because it absolutely plays straight into the hands of his opponents, and in fact donald trump has already said, "if you too senile to stand trial, you're too senile to be president."

doug, come in on that, because i was talking the other night about their traditional 60 minute interviews that the president normally does ahead of the super bowl, then also the confusion — he's confused the french president in recent days, it would seem in public there is cognitive decline. when you look at the polling, it is reflected. tt’s the polling, it is reflected. it's u . the polling, it is reflected. it's pp reflected — the polling, it is reflected. it's up reflected in the polling. the latest — up reflected in the polling. the latest polling _ up reflected in the polling. the latest polling we _ up reflected in the polling. the latest polling we see _ up reflected in the polling. the latest polling we see shows - up reflected in the polling. the. latest polling we see shows that only a _ latest polling we see shows that only a quarter— latest polling we see shows that only a quarter of _ latest polling we see shows that only a quarter of voters - latest polling we see shows that only a quarter of voters feel- latest polling we see shows that| only a quarter of voters feel that joe biden— only a quarter of voters feel that joe biden has— only a quarter of voters feel that joe biden has the _ only a quarter of voters feel that joe biden has the mental- only a quarter of voters feel that joe biden has the mental and . joe biden has the mental and physical— joe biden has the mental and physical capacity— joe biden has the mental and physical capacity to— joe biden has the mental and physical capacity to serve - joe biden has the mental and physical capacity to serve as i physical capacity to serve as president _ physical capacity to serve as president. so _ physical capacity to serve as president. so he's _ physical capacity to serve as president. so he's very- physical capacity to serve as| president. so he's very lucky physical capacity to serve as - president. so he's very lucky that he's running _ president. so he's very lucky that he's running against _ president. so he's very lucky that he's running against donald - president. so he's very lucky that . he's running against donald trump, who is— he's running against donald trump, who is close — he's running against donald trump, who is close to _ he's running against donald trump, who is close to his _ he's running against donald trump, who is close to his age, _ he's running against donald trump, who is close to his age, obviously. who is close to his age, obviously trump _ who is close to his age, obviously trump has — who is close to his age, obviously trump has all— who is close to his age, obviously trump has all kinds _ who is close to his age, obviously trump has all kinds of _ who is close to his age, obviously trump has all kinds of problems, | trump has all kinds of problems, some _ trump has all kinds of problems, some of— trump has all kinds of problems, some of which _ trump has all kinds of problems, some of which we _ trump has all kinds of problems, some of which we just _ trump has all kinds of problems, some of which we just talked - trump has all kinds of problems, i some of which we just talked about. but voters _ some of which we just talked about. but voters overwhelmingly - some of which we just talked about. but voters overwhelmingly feel- but voters overwhelmingly feel that this is— but voters overwhelmingly feel that this is somebody— but voters overwhelmingly feel that this is somebody who's _ but voters overwhelmingly feel that this is somebody who's not - but voters overwhelmingly feel that this is somebody who's not at - but voters overwhelmingly feel that this is somebody who's not at the l this is somebody who's not at the top of— this is somebody who's not at the top of their— this is somebody who's not at the top of their game, _ this is somebody who's not at the top of their game, and _ this is somebody who's not at the top of their game, and we are - this is somebody who's not at thei top of their game, and we are only seeing— top of their game, and we are only seeing more — top of their game, and we are only seeing more and _ top of their game, and we are only seeing more and more _ top of their game, and we are only seeing more and more of that- top of their game, and we are only seeing more and more of that — i seeing more and more of that — the incidents— seeing more and more of that — the incidents that — seeing more and more of that — the incidents that you _ seeing more and more of that — the incidents that you mentioned, - seeing more and more of that — the incidents that you mentioned, the i incidents that you mentioned, the words _ incidents that you mentioned, the words in _ incidents that you mentioned, the words in this— incidents that you mentioned, the words in this report. _ incidents that you mentioned, the words in this report. let's- incidents that you mentioned, the words in this report. let's keep i

incidents that you mentioned, the words in this report. let's keep in| words in this report. let's keep in mind _ words in this report. let's keep in mind that — words in this report. let's keep in mind that joe _ words in this report. let's keep in mind thatjoe biden— words in this report. let's keep in mind thatjoe biden is— words in this report. let's keep in mind thatjoe biden is at- words in this report. let's keep in mind thatjoe biden is at an - words in this report. let's keep in mind that joe biden is at an age l mind that joe biden is at an age where _ mind that joe biden is at an age where you — mind that joe biden is at an age where you age _ mind that joe biden is at an age where you age faster, _ mind that joe biden is at an age where you age faster, and - mind that joe biden is at an age where you age faster, and he'si mind that joe biden is at an age i where you age faster, and he's in a 'ob where you age faster, and he's in a job where _ where you age faster, and he's in a job where you _ where you age faster, and he's in a job where you age _ where you age faster, and he's in a job where you age faster. - where you age faster, and he's in a job where you age faster. so - where you age faster, and he's in a job where you age faster. so nine i job where you age faster. so nine months _ job where you age faster. so nine months from _ job where you age faster. so nine months from now, _ job where you age faster. so nine months from now, joe _ job where you age faster. so nine months from now, joe biden - job where you age faster. so nine months from now, joe biden willi job where you age faster. so nine . months from now, joe biden will be nine months — months from now, joe biden will be nine months older, _ months from now, joe biden will be nine months older, 18 _ months from now, joe biden will be nine months older, 18 months - months from now, joe biden will be nine months older, 18 months older months from now, joe biden will be l nine months older, 18 months older — ithink— nine months older, 18 months older — i think that's — nine months older, 18 months older — i think that's why— nine months older, 18 months older — i think that's why we _ nine months older, 18 months older — i think that's why we are _ i think that's why we are seeing less of— i think that's why we are seeing less of him _ i think that's why we are seeing less of him on— i think that's why we are seeing less of him on the _ i think that's why we are seeing less of him on the campaign- i think that's why we are seeing . less of him on the campaign trail, we won't — less of him on the campaign trail, we won't see _ less of him on the campaign trail, we won't see him _ less of him on the campaign trail, we won't see him do— less of him on the campaign trail, we won't see him do any- less of him on the campaign trail, we won't see him do any kind - less of him on the campaign trail, we won't see him do any kind of. less of him on the campaign trail, we won't see him do any kind of a robust _ we won't see him do any kind of a robust campaigning _ we won't see him do any kind of a robust campaigning strategy, - we won't see him do any kind of a robust campaigning strategy, and| robust campaigning strategy, and there _ robust campaigning strategy, and there are — robust campaigning strategy, and there are reat— robust campaigning strategy, and there are real questions - robust campaigning strategy, and there are real questions about. there are real questions about whether— there are real questions about whether or— there are real questions about whether or biden, _ there are real questions about whether or biden, and - there are real questions about whether or biden, and also. there are real questions about - whether or biden, and also trump, will be _ whether or biden, and also trump, will be able — whether or biden, and also trump, will be able to _ whether or biden, and also trump, will be able to campaign— whether or biden, and also trump, will be able to campaign or- whether or biden, and also trump, will be able to campaign or have i will be able to campaign or have debates— will be able to campaign or have debates given _ will be able to campaign or have debates given this _ will be able to campaign or have debates given this mental- will be able to campaign or have . debates given this mental capacity that both — debates given this mental capacity that both of— debates given this mental capacity that both of them _ debates given this mental capacity that both of them have. _ debates given this mental capacity that both of them have. but - debates given this mental capacityl that both of them have. but donald trump, _ that both of them have. but donald trump. whether— that both of them have. but donald trump, whether you _ that both of them have. but donald trump, whether you think- that both of them have. but donald trump, whether you think is- trump, whether you think is malicious— trump, whether you think is malicious or— trump, whether you think is malicious or not, _ trump, whether you think is malicious or not, is - trump, whether you think is malicious or not, is a - trump, whether you think is malicious or not, is a ball. trump, whether you think is malicious or not, is a ball ofj malicious or not, is a ball of energy _ malicious or not, is a ball of energy true _ malicious or not, is a ball of energy. true biden- malicious or not, is a ball of energy. true biden very- malicious or not, is a ball of. energy. true biden very clearly malicious or not, is a ball of- energy. true biden very clearly is not that, — energy. true biden very clearly is not that, and _ energy. true biden very clearly is not that, and this _ energy. true biden very clearly is not that, and this report- energy. true biden very clearly is not that, and this report lays at l not that, and this report lays at very— not that, and this report lays at very starkly _ not that, and this report lays at very starkly bear. _ not that, and this report lays at very starkly bear. i _ not that, and this report lays at very starkly bear.— very starkly bear. i think he is 'ust very starkly bear. i think he is just reacting _ very starkly bear. i think he is just reacting to _ very starkly bear. i think he is just reacting to it, _ very starkly bear. i think he is just reacting to it, these - very starkly bear. i think he is just reacting to it, these are l very starkly bear. i think he is l just reacting to it, these are life pictures coming in from washington, let's step in and see if we can pick it up. multiple locations including his home, and sat for a voluntary interview. in an otherwise cooperated with the investigation. " that's the distinction, amongst others. �* ~ ,,

others. applause the bottom - others. applause the bottom line i others. applause the bottom line isj others. applause - the bottom line is the others. applause _ the bottom line is the special council of my case decided against moving forward with any charges. this matter is now closed. applause i'll this matter is now closed. applause i'll continue — this matter is now closed. applause i'll continue to _ this matter is now closed. applause i'll continue to do _ this matter is now closed. applause i'll continue to do what _ this matter is now closed. applause i'll continue to do what i've _ this matter is now closed. applause i'll continue to do what i've always i i'll continue to do what i've always done, stay focused on myjob, like you do, myjob at being president. that means going to work with all of you every single day that i can. thank you for being great partners. just this week, house democrats showed how united you are,... biden is talkin: showed how united you are,... biden is talking about _ showed how united you are,... biden is talking about the _ showed how united you are,... biden is talking about the distinction, the way he behaved when these documents were found, and comparing it to the way in which donald trump reacted— what is the difference from a legal standpoint? the reacted- what is the difference from a legal standpoint?— a legal standpoint? the two legal differences are _ a legal standpoint? the two legal differences are that _ a legal standpoint? the two legal differences are that trump - a legal standpoint? the two legal differences are that trump is - a legal standpoint? the two legal differences are that trump is a i differences are that trump is a current— differences are that trump is a current president and can't be prosecuted. but it's really

cooperation with the national archive — cooperation with the national archive. let's not forget donald trump — archive. let's not forget donald trump was asked very politely for more _ trump was asked very politely for more than — trump was asked very politely for more than a year to return the documents, and the archive said that if he did _ documents, and the archive said that if he did not— documents, and the archive said that if he did not do so, he would be reported — if he did not do so, he would be reported to _ if he did not do so, he would be reported to the department of justice. — reported to the department of justice, which is exactly what happened. and when the department of justice _ happened. and when the department of justice issued a subpoena, donald trump _ justice issued a subpoena, donald trump didn't fully comply with it, requiring — trump didn't fully comply with it, requiring the execution of a search warrant _ requiring the execution of a search warrant so— requiring the execution of a search warrant. so it's really the compliance with the law that satisfies that willfulness requirement from donald trump, but not so _ requirement from donald trump, but not so much — requirement from donald trump, but not so much for president biden. a quick not so much for president biden. quick word on biden's initial response to that and the way this document will be interpreted, more problems for democrats? t document will be interpreted, more problems for democrats?— document will be interpreted, more problems for democrats? i think the bottom line — problems for democrats? i think the bottom line is _ problems for democrats? i think the bottom line is exactly _ problems for democrats? i think the bottom line is exactly right, - problems for democrats? i think the bottom line is exactly right, that - bottom line is exactly right, that there's been a decision made the ultimately this is a president who, when asked to turn over documents, did so very willingly, very respectfully of the law, and the scale of magnitude is simply not comparable between the number of documents that the former president took, then obstructed in any effort

— he refused to comply, and i think it's a deep travesty that these two cases are being treated with any kind of equivalents, and quite frankly to talk about a president who struggles to remember a date of his son's passing of a highly traumatic event is simply taking our eyes off the ball of a president who quite frankly has delivered on any number of policies, most especially economic growth, bringing down the rate of inflation, creating jobs, putting america's economy and global relative terms in a tremendously strong place. so trying to mark these two cases as legally or practically the equivalent is simply abhorrent frankly to the reality of those two places.— abhorrent frankly to the reality of those two places. plenty more debate on that, but — those two places. plenty more debate on that. but we _ those two places. plenty more debate on that, but we are _ those two places. plenty more debate on that, but we are up _ those two places. plenty more debate on that, but we are up against - those two places. plenty more debate on that, but we are up against the - on that, but we are up against the break. thank you very much for coming on the programme. around the world and across the uk, this is bbc news.

let's look at some other stories making news. bbc news analysis reveals that cancer waiting times in england last year were the worst on record. only 64% of patients started treatment within 62 days of cancer being suspected, meaning nearly 100,000 people waited longer for life—saving care than they should have. the waiting periods have worsened every year for the past 11 years. the co—op retail chain is urging mps to make assaulting or abusing a shop worker a specific criminal offence in england and wales. the company said there'd been a 44% increase in incidents of shoplifting and violence in its stores within the past year. it's already a criminal offence in scotland. the scottish government plans to increase the minimum price at which alcohol can be sold by 30%. this means shops in scotland would not be able to sell a bottle of wine for less than £6.09, with a bottle of spirits going up to just over £17.

you're live with bbc news. there's an old rule of thumb, in any conflict — forget about what you want to do, concentrate instead on doing the one thing your opponent least expects. a good illustration of that — the bill the senate democrats just put forward on immigration reform. the republicans had set the democrats a trap — no more ukraine funding until you fix the crisis at the border. but then, democrats went far beyond what many would have anticipated. and in an election year, that posed the republicans a major problem. for them, the crisis at the border was better to campaign on than the solution to solve it. here is the republican architect of the draught bill, james lankford, saying the quiet part out loud. i had a popular commentatorfour weeks ago that i talked to that told me flat out — before they knew any of the contents of the bill, any of the contents,

nothing was out at that point — that told me flat out, "if you try to move a bill that solves the border crisis during this presidential year, i will do whatever i can to destroy you. because i do not want you to solve this during the presidential election." doug, that's quite an extraordinary comment. we should just remember who senator lankford is, he is a ruby red conservative, a socially fiscal conservative who put together a package of measures that went far beyond what anybody imagines in recent times, and it was rejected. and what he's pointing the finger at here is the partisan media. t and what he's pointing the finger at here is the partisan media. i worked with senator— here is the partisan media. i worked with senator lankford _ here is the partisan media. i worked with senator lankford when - here is the partisan media. i worked with senator lankford when he - here is the partisan media. i worked with senator lankford when he was | here is the partisan media. i workedl with senator lankford when he was a member— with senator lankford when he was a member of— with senator lankford when he was a member of the house in 2012—14. 0ne member of the house in 2012—14. one of the _ member of the house in 2012—14. one of the things — member of the house in 2012—14. one of the things he was unsuccessful in doing _ of the things he was unsuccessful in doing was— of the things he was unsuccessful in doing was trying to craft any kind

of immigration legislation just amongst republicans. we couldn't agree _ amongst republicans. we couldn't agree with ourselves, and i think the efforts— agree with ourselves, and i think the efforts that we saw from senator lankford _ the efforts that we saw from senator lankford were not only quite positive, _ lankford were not only quite positive, but almost heroic in getting — positive, but almost heroic in getting a _ positive, but almost heroic in getting a deal done that no republican had been able to do. our problem _ republican had been able to do. our problem is, — republican had been able to do. our problem is, we are to political amongst — problem is, we are to political amongst ourselves. so whether or not this bill— amongst ourselves. so whether or not this bill would've solved the problem— and i think these proms take a _ problem— and i think these proms take a long — problem— and i think these proms take a long time to be solved anyways _ take a long time to be solved anyways - _ take a long time to be solved anyways — and if republicans didn't want to— anyways — and if republicans didn't want to touch this that caused the bill to— want to touch this that caused the bill to fall— want to touch this that caused the bill to fall on its own weight. and ithink— bill to fall on its own weight. and i think the — bill to fall on its own weight. and i think the challenge now is for republicans, this is giving joe biden— republicans, this is giving joe biden something to campaign on. biden— biden something to campaign on. biden doesn't have a whole lot he can really — biden doesn't have a whole lot he can really, as we just learned the he surpassed two segments, he's got a whole _ he surpassed two segments, he's got a whole lot— he surpassed two segments, he's got a whole lot of trouble on his age and where — a whole lot of trouble on his age and where voter attitudes are towards — and where voter attitudes are towards him on the right or wrong track, _ towards him on the right or wrong track, even — towards him on the right or wrong track, even if the economy is doing well, _ track, even if the economy is doing well, they— track, even if the economy is doing well, they don't give them credit. his numbers on immigration are terrible. — his numbers on immigration are terrible, and publicansjust handed joe biden— terrible, and publicansjust handed joe biden a good ticket to go around the country—

joe biden a good ticket to go around the country and say, "i want to do something — the country and say, "i want to do something about this but donald trump _ something about this but donald trump won't let her vulcans do that" — trump won't let her vulcans do that." that's a good message forjoe biden— that." that's a good message forjoe biden and _ that." that's a good message forjoe biden and terrible one for republicans.— biden and terrible one for republicans. biden and terrible one for reublicans. �* , ., ., . . republicans. he's going to hang that around the neck _ republicans. he's going to hang that around the neck of _ republicans. he's going to hang that around the neck of republicans - republicans. he's going to hang that around the neck of republicans and l around the neck of republicans and donald trump. around the neck of republicans and donald trump-— donald trump. that's exactly right, because after _ donald trump. that's exactly right, because after that _ donald trump. that's exactly right, because after that new _ donald trump. that's exactly right, because after that new hampshire | because after that new hampshire primary, when donald trump became very unsubtle — he certainly won but nikki haley did better than the former president liked — he quickly moved to try and unsettle and disrupt the passage of that bill, threatening his own party, saying, "don't let this go, let's let the border topic" we �*don't let this go, let's let the border topic"— "don't let this go, let's let the border topic" we knew it wasn't auoin to border topic" we knew it wasn't going to go _ border topic" we knew it wasn't going to go through _ border topic" we knew it wasn't going to go through the - border topic" we knew it wasn't going to go through the house, border topic" we knew it wasn't - going to go through the house, but it was at least supposed to go through the senate, but it was defeated last night, and now it's dead. so what happens now to ukraine funding, which was attached to it? we've seen movementjust now, the senate is taking forward a bill — border security is not in it,

funding for ukraine, israel is in it. 16 republicans i believe have so far lent their support to democrats that are pushing hard. i think that gives us cause for optimism, because a member what's really at stake in the very immediate future for europe, for the uk, for ukraine in particular is europe's security. so i think there is some room for optimism that that funding will come forward, and we are told those of us who talk to men and women in congress, that there's a silent majority of members of congress who support america's defensive ukraine. we will see if we get a stand—alone bill on ukraine aid. going to a quick break, but plenty of talk about on the other side. we will be right back. hello. well, as predicted, the winter wonderland did arrive in the areas where it was forecast. so mostly the northern hills

of wales, northern england, some in northern ireland and scotland, too. here's a picture from wakefield, beautiful snowflakes there, but elsewhere rain, heavy rain. and these are the stratus and the nimbostratus rain—bearing clouds shrouding the tops of the skyscrapers in london. ok, let's have a look at the radar, then. where it's blue, it's raining. this was earlier on. where it's white and grey, that's sleet and snow, so that weather front is moving northwards into scotland. now another clump of rain heading towards the south of england, and warnings from the met office for snow and ice are still valid across parts of the country. so you can check that online. so the forecast through the night, particularly heavy rain moving in from the south, moving northwards. could be 40—plus millimetres of rain in some areas. across the north and the north—east there, i think it's that mixture of sleet and snow, particularly across the higher ground. but that thaw is setting in, a rapid thaw from the south. you can see 11 degrees

in london in the morning, and further north about ir—s celsius. so the weather map for friday shows the low pressure still close by. here's the weather front. north of the weather front, it's still pretty chilly. that easterly wind drawing in the colder air from scandinavia. here we have that west—south—westerly, so that mild air coming in. and i think again across the highlands and grampians, further snow to come on friday, again met office warnings for that. the rest of the country, it's a case of often cloudy weather, showers continuing through the day and into the evening hours as well. not a pleasant picture for some of us on friday and friday night. that takes us into saturday. the low pressure still with us. that weather front still there affecting the north—east of scotland, but already you can see turning milder. nine degrees in glasgow, seven in aberdeen. and the low is still with us on sunday, but this clump of rain i think raises the north—east of england and also eastern scotland for a time, but out towards the west and the south, i think the weather's going to be drier and brighter with just a scattering of showers.

now, the outlook through the weekend into next week, it looks as though things could settle down a little bit as we head into monday and eventually tuesday with high pressure building in, at least for a time. bye— bye.

hello, i'm christian fraser. you're watching the context on bbc news.

president zelensky fired his army commander—in—chief and once ukraine needs a realistic battle plan for the year ahead. welcome back. it was the labour party's flagship policy. a plan the opposition said would meet the challenge of the next generation when they unveiled it in 2021 — £28 billion, every year, to be spent on clean energy, greenjobs and home insulation. here's shadow chancellor rachel reeves outlining it, more than two years ago. i can announce today labour's climate investment pledge, an additional £28 billion of capital investment in our country's green transition for each and every year of this decade. applause. i will be a responsible chancellor, i will be britain's first green chancellor. well, it was going to be 28 billion a year.

the green prosperity plan has taken something of a battering since then.