>> REST >> IN PEACE.

BOB EDWARDS KEEPING TRACK OF FORMER PRESIDENT DONALD TRUMP'S LEGAL TROUBLES CAN BE A FULL-TIME OCCUPATION.

THE CURRENT REPUBLICAN FRONTRUNNER FACES 91 FELONY COUNTS AND MULTIPLE CIVIL CASES.

THIS PAST THURSDAY, HE WAS THE SUBJECT OF SUPREME COURT HEARINGS OVER COLORADO'S RULING TO THROW HIM OFF THE BALLOT BASED ON ITS READING OF THE 14TH AMENDMENT.

WHAT'S AT STAKE IN THIS LANDMARK DECISION AND OTHERS JOINING US TO DISCUSS ALL OF THIS ARE CAROLYN SHAPIRO, PROFESSOR OF LAW AND CO-DIRECTOR, THE INSTITUTE ON THE SUPREME COURT.

IT IS CHICAGO CAN'T COLLEGE OF LAW AND STEVEN SCHWINN OF THE UNIVERSITY OF ILLINOIS CHICAGO SCHOOL OF LAW.

WELCOME BOTH OF VIA ZOOM.

SO I GUESS WE SHOULD START HERE WITH THE FACT THAT THE PRESIDENT'S TEAM, THE FORMER PRESIDENT'S TEAMS, HAS OFFICIALLY FILED ITS APPEAL ON THIS ABSOLUTE IMMUNITY REJECTION THAT IT GOT IN THE JANUARY 6 CASE OF THE PUCK, WHAT THEY'RE THEY'RE PULLING OUT OF THE SUPREME COURT COUNT.

SHAPIRO WHATS GOING.

IT'S GOING TO DO.

AND WHEN THEY'RE GOING, WHEN ARE THEY GOING TO DO IT?

>> WHAT THE PRESIDENT HAS ACTUALLY ASKED US TO DO IS WHAT'S CALLED STAY THE MANDATE.

SO DC CIRCUIT SAID WERE GOING TO ISSUE THE MANDATE TO MAKE THIS CASE.

GOT TO OUR JUDGMENT, GO INTO EFFECT RIGHT AWAY AND WHAT THE PRESIDENT FORMER PRESIDENT IS ASKING SUPREME COURT TO DO IS NOT LET THAT HAPPEN.

IT'S ACTUALLY NOT AN APPEAL JUST YET.

SO THE SUPREME COURT ACTUALLY COULD JUST DENY THIS APPLICATION.

AND I THINK THERE'S A GOOD CHANCE THEY'LL DO THAT BECAUSE THIS IS CASE.

IT'S NOT A HARD CASE.

THIS ISSUE IS NOT A HARD ISSUE.

IT'S NOT PLAUSIBLE THAT HE'S ABSOLUTELY IN USE.

AND IF THE SUPREME COURT JUSTICE SAYS WE'RE NOT EVEN GOING ENTERTAIN THAT AT THIS TIME.

MAYBE LATER THEY'LL BE AN APPEAL.

WHATEVER THE TRIAL CAN GO FORWARD IN THE DC DISTRICT COURT.

>> AND SO STEVEN CHU IN, DO YOU THINK THAT'S GOING MIGHT DO SOMETHING LIKE THAT IN RELATIVELY SHORT ORDER AND THEN ALSO SPEAK SORT OF TO THE EXTRAORDINARY ARGUMENT THE TRUMP TEAM MADE THAT SOMEHOW THAT HE SHOULD HAVE ABSOLUTE CRIMINAL IMMUNITY.

>> OH, MY GOODNESS.

THIS IS TRULY A BREATHTAKING ARGUMENT THAT THE FORMER PRESIDENT HAS PUT FORWARD.

WHAT HE'S CLAIMING BASICALLY IS THAT PRESIDENT AND FORMER PRESIDENT IS ABSOLUTELY CATEGORICALLY FROM CRIMINAL RESPONSIBILITY FOR ACTS TAKEN WHILE IN OFFICE WHILE IN OFFICE.

AND FOR ALL TIME THEREAFTER, IT'S BASICALLY A GET OUT OF JAIL FREE CARD FOR ANYBODY ELECTED PRESIDENT.

ANY TIME THE DC CIRCUIT WAS RIGHT TO FLATLY REJECTS THAT CLAIM AND DID SO IN A SOLID RULING THAT WAS UNIFIED.

IT WAS CURIOUS DECISION NOT SIGNED BY THE INDIVIDUAL JUDGES BECAUSE THEY WERE ABLE TO COME TO AN AGREEMENT ABOUT THE WRONG OF THIS I DO EXPECT THE SUPREME COURT TO RULE FAIRLY QUICKLY ON IT AND AS CARELESS.

I THINK IT'S PERFECTLY THAT DON'T SIMPLY JUST CONTINUE TO ONLINE.

>> TO ALLOW THIS CASE TO GO FORCES SO CARELESSLY DON'T GO AHEAD.

STILL GOING GOOD.

FINISH THEIR MISSIONS.

GOING TO SAY THAT CLAIM IS SO BREATHTAKING THAT THE SUPREME COURT SOME POINT HAS TO REJECT AND KELLEN SHAPIRO.

IS THAT MEAN PRESIDENT KNOWN?

THREAT IS CLEAR, CLEAR TO DELAY TO APPEAL, TO TRY AND DELAY JUSTICE AND A LOT OF SITUATIONS.

IS HE OUT OF DELAY TACTICS HERE AND LATE MARCH A TRIAL DATE STILL BE POSSIBLE?

DO YOU THINK?

>> IF THE SUPREME COURT ACTS QUICKLY, I LATE MARCH TRIAL DATE IS REALISTIC.

CERTAINLY EARLY APRIL, THE JUDGE CHECK AND I THINK WANTS TO MOVE THE EXPEDITIOUSLY.

AND I THINK SHE WILL.

THE SUPREME COURT.

YOU KNOW, THEY'RE OUT THERE THEIR OWN.

THERE'S NOWHERE TO GO.

IF THE SUPREME COURT SAYS NO.

HERE NOW, YOU KNOW, THAT'S WHAT I THINK THEY WILL DO.

IT'S WHAT I THINK THEY SHOULD DO.

IT'S POSSIBLE THEY WILL DO SOMETHING DIFFERENT.

>> WE AND OF COURSE, THAT TRUMP HAS 3 ON THAT COURT.

STEPHEN, WHAT ABOUT THE EXTRAORDINARY SITUATION OF THIS TRIAL DOES GO FORWARD IN MARCH OR APRIL, IT RESOLVES SOME POINT AFTER THIS, OF COURSE, WE'RE TALKING ABOUT HIS ROLE IN JANUARY 6 IN THE INSURRECTION.

I JUST WONDER IF YOU CAN SORT OF SPEAK TO THE EXTRAORDINARY NATURE OF OF HAVING A POTENTIALLY A CONVICTED CANDIDATE TO RUNNING FOR PRESIDENT.

OBVIOUSLY NOTHING IN THE CONSTITUTION.

IT SAYS HE STILL CAN'T RUN.

>> NO, OF COURSE HE COULD.

SO, THE POLLING SUGGESTS THAT IF HE WERE TO RUN AFTER A CONVICTION THAT HIS SUPPORT WOULD DROP DRAMATICALLY AS WE ALL REASONABLY EXPECT.

BUT YES, HE COULD STAY ON THE BALLOT.

>> ALL RIGHT.

LET'S HAVE A GOOD TURN TO THE THE SUPREME COURT HEARD ON FOR REMOVING TRUMP FROM THE BALLOT.

FRAUD FROM COLORADO ARE APPEALED BY THE TRUMP TEAM FROM COLORADO.

LET'S HEAR FROM COMMENTS FROM CONSERVATIVE AND LIBERAL JUSTICE.

THEY SEEM TO SIGNAL THEY WILL NOT REMOVE TRUMP FROM THE BALLOT.

FIRST JUSTICE SAMUEL ALITO.

>> IT WILL BE CONFLICTS AND DECISIONS AMONG THE STATES TO DIFFERENT STATES.

WELL, DISQUALIFY DIFFERENT CANDIDATES BUT I'M LIKE GETTING A LOT OF HELP FROM YOU HOW.

>> THIS WOULD NOT BE IN A MANAGEABLE SITUATION.

>> AND HERE'S THAT JUSTICE ELENA KAGAN.

>> I SHOULD A SINGLE STATE HAVE THE ABILITY TO MAKE THIS DETERMINATION NOT ONLY FOR THEIR OWN CITIZENS, BUT FOR THE REST OF THE NATION.

>> CAROLYN SHAPIRO, CERTAINLY SOUNDS LIKE THIS COURT IS AT LEAST CLOSELY WE GO INTO A RULE WITH TRUMP AND OVERTURN THAT COLORADO RULING.

IS THAT WHAT YOU ANTICIPATE?

>> CERTAINLY WHAT IT SOUNDED LIKE AFTER OR AT THE ORAL ARGUMENT.

AND THINK THERE ARE GOOD REASONS FOR THE COURT TO TRY VERY HARD TO DO A COUPLE OF THINGS.

ONE IS TO ISSUE AN OPINION THAT AT LEAST IN RESULT, IF NOT IN REASONING, IS AS CLOSE TO UNANIMOUS AS THEY CAN GET.

AND ANOTHER IS TO ISSUE A RULING THAT ACTUALLY SETTLES THE QUESTION OF WHETHER HE'S ELIGIBLE NOW OPPOSED TO LEAVING IT OPEN 4 TO HANG OVER THE HEADS OF THE OF THE VOTERS OF OF THE THE ELECTORATE AND AND ULTIMATELY KICK IT TO CONGRESS ON JANUARY 6, 2025, I THINK DOING THAT WOULD BE EXTREMELY DANGEROUS.

AND I THINK THAT THEY ARE LIKELY TO.

I HOPE IT WILL RESOLVE IT DEFINITIVELY ONE WAY OR THE OTHER.

>> AND STEVEN CHU DO GIVEN THEIR QUESTIONS IN THE TONE HERE THAT THEY'RE ON THE RIGHT SIDE OF THE 14TH AMENDMENT HERE TO COLORADO MAKE A PRETTY COMPELLING CASE.

>> ONE OF MY OWN VIEW, COLORADO MADE EXTRA NEARLY COMPELLING CASE IN A THOROUGH RECORD, A THOROUGH TRIAL AND VERY, VERY THOROUGH OPINION.

BUT AS CAROLINE SUGGESTED, I THINK THE COURTS MOVING IN A DIFFERENT DIRECTION HERE.

IT'S LOOKING TO SOME KIND OF NATIONAL UNIFORMITY AS OPPOSED TO A STATE BY STATE APPROACH.

AND IT SEEMS THAT THE COURT IS LOOKING TO DOCK THE CORE QUESTION ABOUT WHETHER TRUMP ENGAGED INSURRECTION AND LEAVE THAT QUESTION INSTEAD TO CONGRESS.