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Apr 25, 2024
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i think even going back to marbury, perhaps the point on which i agree with my friend, marbury says discretionary acts of the president are not the kind of thing that the court reviews. >> could i go back to your brief, and going back to what some of my colleagues have asked you, there appears to be some narrowing principles to the concept that the president is subject to all criminal laws and all situations. >> correct. >> you agree that if it affects core powers, then he would not be subject to any laws that attempted to limit the core powers, correct? >> that is correct. >> you're defining core powers as those specified by article 2? >> that is essentially correct, yes. >> all right. and the only words in the constitution is that have to do with the president and law is that he shall take care that the law be faithfully executed, correct? >> that is right. >> hard to imagine that a president who breaks the law is faithfully executing the law, correct? >> he has to execute all of the laws. >> all right. >> mr. dreeben, the presidents have to make a lot of tough decisions about enforcing the law
i think even going back to marbury, perhaps the point on which i agree with my friend, marbury says discretionary acts of the president are not the kind of thing that the court reviews. >> could i go back to your brief, and going back to what some of my colleagues have asked you, there appears to be some narrowing principles to the concept that the president is subject to all criminal laws and all situations. >> correct. >> you agree that if it affects core powers, then he...
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Apr 28, 2024
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marbury versus madison discusses brought immunity. >> what was up with the pardon for president nixon? everybody thought that presidents couldn't be prosecuted, than what was that about? >> he was under investigation at the time with official and private conduct. everyone understands that since president grants carriage ding incident, everybody has understood that the present can prosecuted. -- the president can be prosecuted. >> there seems to be common ground be just between you and your colleague and the other side that no man is above the law and the president can be prosecuted after using his office for his private conduct, is that right? >> we agree with that. >> as we have been exploring today, the question becomes and how to segregate private from official conduct that may or may not enjoy some immunity and i'm sure we will spend a lot of time exploring that. in blasingame, the chief justice expressed some views about how to segregate private conduct for which no man is above the law from official acts. do you have any thoughts about the test they came up with there? >> especi
marbury versus madison discusses brought immunity. >> what was up with the pardon for president nixon? everybody thought that presidents couldn't be prosecuted, than what was that about? >> he was under investigation at the time with official and private conduct. everyone understands that since president grants carriage ding incident, everybody has understood that the present can prosecuted. -- the president can be prosecuted. >> there seems to be common ground be just between...
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Apr 26, 2024
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don't recall them addressing it but there is the langgef cases like marbury and statements made bjamin franklin at the constitutional conventionstements of george washington talking about the massivri of strife and how that could destroy the vement. at's what we rely on principally. i cite the olc opinions because if there's any statute that might impact on the president's prerogatives, they interpreted to avoid that. >> if a esent sells nuclear secrets to a foreign adversary, is that immune? >> that sounds similar to the bribery example and likely n immune. if it is structured as an official act, you would have to be impeachednd convicted first. >> what doest an if it structured as an official act? >> i don't know wth that would be an official act. you'd have to apply a diert analysis. >> how about if a president orders the military to stage a up? >> as the chief justice pointed out earlier, there is a whole series of guidin against that. ucmj prohibits the army from foowg a plane ful uawful act. if one adopts the fitzgerald stthat might be impeached and convicted before he is iminall
don't recall them addressing it but there is the langgef cases like marbury and statements made bjamin franklin at the constitutional conventionstements of george washington talking about the massivri of strife and how that could destroy the vement. at's what we rely on principally. i cite the olc opinions because if there's any statute that might impact on the president's prerogatives, they interpreted to avoid that. >> if a esent sells nuclear secrets to a foreign adversary, is that...
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Apr 25, 2024
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i think even going back to marbury is perhaps a point on which i agree with my friend. marbury says discretionary acts of the president or not, the kind of thing that the court reviews. could i go back? back to your brief and going back to what some of my colleagues have asked you there appears to be so narrowing principles to the concept that the president is subject to all criminal laws in all situations, correct. >> you agree that if it affects core powers then he would not be subject to any laws that attempted to limit those core powers. >> got it right you're defining core powers as those specified bye, bye article to it. that is essentially correct, yes. >> all right and the only words in the constitution is that that have to do with the president than law is that he shall take care that the law be faithfully executed, correct? >> that's all right. hard to imagine that a president who breaks the law is faithfully executing the law, correct? >> he has to execute all of the laws. >> all right. >> i'm sorry. three been do you really president's have to make a lot of
i think even going back to marbury is perhaps a point on which i agree with my friend. marbury says discretionary acts of the president or not, the kind of thing that the court reviews. could i go back? back to your brief and going back to what some of my colleagues have asked you there appears to be so narrowing principles to the concept that the president is subject to all criminal laws in all situations, correct. >> you agree that if it affects core powers then he would not be subject...
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Apr 25, 2024
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more fundamental to us is the language of cases like marbury and statements made by benjamin franklin and how it could destroy the government. that's what we rely on here. i cite the olc opinions. what you see a a strong trend if there is any statute that might stren much on the president's prerogatives, they interpret it to avoid that. >> if a president sells nuclear secrets to a foreign adversary, is that immune? >> likely not immune. structured as an official act he would have to be impeached and convicted first. >> i don't know in the hypothetical whether it would be an official act. more details to apply the case analysis or even the fitzgerald analysis. >> how about if a president orders the military to stage a coup? >> i think that as the chief justice where there is a series of guidelines against that, so to speak, ucmj prohibits the military. if one adopted alito's test it would fall outside. the fitzgerald case might be an official act. all these kinds of hype that calls has been top impeached and convicted. >> he is gone, let's say the president who ordered the military to
more fundamental to us is the language of cases like marbury and statements made by benjamin franklin and how it could destroy the government. that's what we rely on here. i cite the olc opinions. what you see a a strong trend if there is any statute that might stren much on the president's prerogatives, they interpret it to avoid that. >> if a president sells nuclear secrets to a foreign adversary, is that immune? >> likely not immune. structured as an official act he would have to...
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marbury versus madison, mississippi versus johnson discussed the broad community principle. >> what was up with that pardon for president nixon? if everybody thought presidents couldn't be prosecuted, what was that about? >> he was under investigation for private and public conduct at the times, official act and private conduct. >> same with donald trump. exactly the same. later in the hearing, justice jackson imagined what could happen if the supreme court gives presidents even more legal protection than they have now. >> if someone with those kinds of powers, the most powerful person in the world, with the greatest amount of authority could go into office knowing that there would be no potential penalty for committing crimes, i am trying to understand what the disincentive is from turning the oval office and the seat of criminal activity in this country. if the potential for criminal likability is taken off the table, wouldn't there be a significant risk that future presidents would be emboldened to commit crimes with abandon while they are in office? presidents from the beginning of
marbury versus madison, mississippi versus johnson discussed the broad community principle. >> what was up with that pardon for president nixon? if everybody thought presidents couldn't be prosecuted, what was that about? >> he was under investigation for private and public conduct at the times, official act and private conduct. >> same with donald trump. exactly the same. later in the hearing, justice jackson imagined what could happen if the supreme court gives presidents...
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marbury, madison and brown re board, etc. but scopes is a trial that's not going to set a lot of precedent. but still, everybody knows and everybody at the time people in europe knew the scopes trial and those guys at the drugstore knew they were at a moment. they knew this case over the teaching of evolution and would bring people to town would be a sensation and. they're right. it's kind of the heart of this course. did they know? and part of what they knew was the cultural context of the 1920s. now when you folks think of the 1920s, what do you think about from high school classes, from any other general knowledge you have the roaring twenties. what do you know? oh, wait, we've got to get a over here. go ahead. go ahead. yeah, yeah. what do you know? the great gatsby? the great gatsby. the great gatsby. you know, lavish parties of the rich and the kind of a the that those moments. how about over here. prohibition and a lot of like gangs in new york like al capone that's chicago. but yes prohibition and the idea that althou
marbury, madison and brown re board, etc. but scopes is a trial that's not going to set a lot of precedent. but still, everybody knows and everybody at the time people in europe knew the scopes trial and those guys at the drugstore knew they were at a moment. they knew this case over the teaching of evolution and would bring people to town would be a sensation and. they're right. it's kind of the heart of this course. did they know? and part of what they knew was the cultural context of the...
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but the democrats think this case is marbury versus madison. >> how should we think about his moment in history? >> donald trump's people would like to trivialize and diminish the meaning of this trial but in fact it's perfectly emblematic of others out there. they're all about alec to interference and indifferent i shrug when ablation. it's a very serious case and i think the trump people will be shocked how tuned in america as to what is going on here. >> jesse: they don't even read their own poles kamaka new york times poll says three quarters of americans already are being attention. the people are paying attention are the ones watching the mainstream media, those anchors won't even tell you the case has been brought by democratic, and seen by demagogic donor judge. you know this because you watch fox maggie reedy do your own research. >>> but the media thinks you're just a poor dumb hillbilly, and you're jealous of those controlling the establishment of. >> socioeconomic disparities are a lot and class resentment is a lot, and to intellectualism and elitism is what is driving ma
but the democrats think this case is marbury versus madison. >> how should we think about his moment in history? >> donald trump's people would like to trivialize and diminish the meaning of this trial but in fact it's perfectly emblematic of others out there. they're all about alec to interference and indifferent i shrug when ablation. it's a very serious case and i think the trump people will be shocked how tuned in america as to what is going on here. >> jesse: they don't...
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marbury, importantly along those lines, absolutely does not stand for the proposition that a president's official acts can never be heard in court. that is more about joining a particular president. there are many cases stretching from the founding that refuse the idea that a president's official act can never be examined in court. host: back to the phone lines. brent has been waiting. when see, michigan. line for democrats. caller: good morning. the question is are we going to go back and grant president's the divine right of kings? trump was impeached twice, as the gentleman says. he was impeached twice, he just wasn't convicted by his republicans in the senate. and he has, in fact, immune, because the republicans defend him regardless of how heinous and arranges -- and outrageous his crimes. if trump, as the gentleman says, believed he won the election, despite all of the evidence, despite what is attorney general told him, despite what is computer experts or cyber experts told him. despite all of the evidence that is an insanity plea, in my opinion. so, the war criminal vladimir puti
marbury, importantly along those lines, absolutely does not stand for the proposition that a president's official acts can never be heard in court. that is more about joining a particular president. there are many cases stretching from the founding that refuse the idea that a president's official act can never be examined in court. host: back to the phone lines. brent has been waiting. when see, michigan. line for democrats. caller: good morning. the question is are we going to go back and...
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it's the common law greatest hit marbury vs. madison. care matsu is in there. every case you ever talked about, it's a genuine case of first impression. it will be remanded. and if i had any guess to make at all, it's that the chief justice will keep this opinion to himself because it's going to be up there with another one that was mentioned youngstown she can and two. a touch stone. no one decided this before. last day of the term no. one will be happy. it will be very important precedent not justice, they made the point this president president trump or president biden but for every president for all time. so they will take their time. very important case. >> gillian: marc, take a look at this nbc poll takes a look at trump's sort of criminal cases right now more broadly and finds that 50% of voters think trump is being held to the same legal standard as everybody else iie treated fairly but then 4 #% say he is being treated unfairly and targeted. translate that to us in terms of the general election. >> i think that his base sees him being treated unfairly
it's the common law greatest hit marbury vs. madison. care matsu is in there. every case you ever talked about, it's a genuine case of first impression. it will be remanded. and if i had any guess to make at all, it's that the chief justice will keep this opinion to himself because it's going to be up there with another one that was mentioned youngstown she can and two. a touch stone. no one decided this before. last day of the term no. one will be happy. it will be very important precedent not...
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Apr 9, 2024
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is that why we saw citations of marbury versus madison? federalist papers. >> most importantly here in the last three pages of the brief, you see jack smith make a number of sort of if then statements as what -- called backstops. recognizing who this supreme court is and given the way they framed the question presented, that's the issue on appeal, was whether and if so to what extent there can be immunity for a former president's acts. you want to figure out if these folks find there can be immunity, what does this line stop? where can you draw that line such that this case can continue. >> and they're arguing this was not an official act and it's an act that undermines democracy. lisa rubin, thank you very much. >>> coming up, co-chair of the biden harris campaign, senator tammy duckworth joins me. what she has to say about the abortion ruling in arizona and what the campaign is doing to make sure the issue is front and center come november. >>> plus, what congresswoman marjorie taylor greene just wrote in a letter to her colleagues about
is that why we saw citations of marbury versus madison? federalist papers. >> most importantly here in the last three pages of the brief, you see jack smith make a number of sort of if then statements as what -- called backstops. recognizing who this supreme court is and given the way they framed the question presented, that's the issue on appeal, was whether and if so to what extent there can be immunity for a former president's acts. you want to figure out if these folks find there can...
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. >> but the democrats thinkar, ms case is marbury versus madison. >> how should we think hment about this moment in history? well, you know in , the trumple people would like to trivialize and diminish the meaning of this trialike tializel, but , it's perfectly emblematic of the othery emblems that are l there. >> they're all about electoral interferencel abou and manipula. it's a very serious case. and i think the trump wil people are going to be shocked how tuned in america is to what's going on hereshocke. dot the media doesn't even read their own polls. a new york times poll says three quarters of americans aren't even paying attention to these show trials. >> the people who are paying attention are the onesine watching the mainstream media, and those anchors won't even tellamors you. the case has been brought by a democrat and overseen by a democrat donor judge whose family's being paid by democratsgic . you know this because you watch fox, you read, you do your own research, but the media thinks you're just a poor, dumb hillbilly and you're just jealous of the smart democrat la
. >> but the democrats thinkar, ms case is marbury versus madison. >> how should we think hment about this moment in history? well, you know in , the trumple people would like to trivialize and diminish the meaning of this trialike tializel, but , it's perfectly emblematic of the othery emblems that are l there. >> they're all about electoral interferencel abou and manipula. it's a very serious case. and i think the trump wil people are going to be shocked how tuned in america...
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Apr 3, 2024
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that are false facts right under marbury v madison going the way back to chief justice marshall always said it's the exclusive right of the supreme court to say what the law is. and we are supreme and respect to saying what the constitution and law we rule over congress. we over the president, we rule over the states. we are supreme, but there is no such principle that allows them to say what facts are and if they've gotten the facts wrong, then how is it appropriate to stand a legal proposition on facts? and that takes you right back to citizens in which decided this is all going be copacetic because all this unlimited money is going to be independent of candidates. and all you got to do is talk to trevor potter and campaign leadership council to know how false. that is and it's all going to be transparent and all you have to do is look at the newspaper and know how false that is. so these two premises on which that decision stood are totally false and have totally collapsed and yet mad that decisions still float up there with no factual standing predicate left for it. so that's the w
that are false facts right under marbury v madison going the way back to chief justice marshall always said it's the exclusive right of the supreme court to say what the law is. and we are supreme and respect to saying what the constitution and law we rule over congress. we over the president, we rule over the states. we are supreme, but there is no such principle that allows them to say what facts are and if they've gotten the facts wrong, then how is it appropriate to stand a legal...
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Apr 21, 2024
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