really just embrace the opinion of the dc circuit, which is a very sophisticated look at it based on the facts. yell, i think they could do that really troubles me given the order they've issued is they could actually send it back to a lower court to get more facts. now, that would really make it protracted, and that would mean there's not a prayer would take place and be decided before the election. so the order there under has the markings of a potential landmark decision. no question. the fact that they took it up it is a court, however, that likes the last word. so i think we all going to have to sit tight and see what happens. >> yeah >> oh, and that last word from you, john dean. i mean, we'll just see what the timing of course here at what that means for everything. thank you. john dean really appreciate to have your perspective here tonight. and thank you all so much for joining us on this incredibly busy night news night with abby phillips starts right now

>> the supreme court says that it'll decide the biggest question of all about donald trump and the presidency that's tonight on newsnight >> good evening. >> i'm abby philip in new york, april 22. that's a date that you should circle on your calendar. it may go down as a defining day in the history of the republic. it's the de, that the supreme court says that it will hear oral arguments on the question hanging over the 2024 election, like a guillotine is donald trump immune from prosecution on charges that he interfered with the 2020 election? is he immune from anything related to that violent january 6 insurrection that he encouraged? the high court revealed its plan and to dry

paragraphs, the justices set out a clear timeline. there one that collides directly with his other trials and with the election that is very much underway. march 19, for example, is the due date for briefs. march 19 is also the day when voters in arizona in florida, in illinois, and kansas, and ohio all head to the polls. that's when 350 delegates are on the line in the race for the republican nomination. now the courtroom clash does give trump a chance to forever make an imprint on how this country operates. that is, if the court agrees with his lawyers that presidents are above the law, just because their president it's an argument that every court so far has soundly rejected. it also makes it possible, maybe even likely the trump can get exactly what he wanted. a delay in his trials. but blue the 2024 election, so far, the special counsel's office, on

the other side of the case isn't commenting. and as we come on the air and neither is the biden white house nor president biden's campaign now, trump himself. well, here's what he said. just last month the opening of a pandora's box and that's a very, very sad thing that's happened with this whole situation when they talk about threat to democracy. that's your real threat to democracy. and i feel that as a president, you have to have immunity. >> i've read a >> lot of legal reports lately in scholarly reports that are saying you really have to have a president of this country has to have immunity, or they're not going to be able to function in office now, there are at least six burning questions that we have about what this decision actually means for trump's legal issues and also for that calendar. here to help us with the answers is cnn senior legal analyst elie honig. elie, we've got 99 problems the country,

but six questions for use. let's start with question number one. who decides when this trial ultimately happened? >> yeah, be so trial dates are always the result of a tug of war. typically, prosecutors asked for earlier, sooner trial dates, and typically defendants tried to delay donald trump did not invent this tactic, but the decision is up to the trial judge in this case, judge tanya chutkan. trial judges have broad discretion over when to schedule a trial. what she says is going to go she's the one who has the decision ultimately. >> is it possible that trump still can get to a trial before the november elections? so >> this is the big question that i think is on people's minds. couple of key dates. of course, the election, november 5, we've got the republican convention july 15, but now, when could this opinion come down from the supreme court? it seems like the most realistic timing for that would be sometime in early june. but remember though, when this trial was put on pause, they were still two months or so out from the trial. so the judge would have to build in a couple of months for trial prep for

motions for discovery. so we're looking realistically, if the judge judge wants to try to get it in at a start date sometime around august. that's going to take us through august through september and probably into october. we're getting really close to election. yeah. and that's going to become important for one of our later questions the next one here would the election itself, election day, ultimately have some impact? on when the trial? >> so there's no formal rules saying you cannot have a trial on election day or near election day, but it would be problematic in two ways. one, i think doj and a judge might worry that the outcome of a trial this close to the 11th day could sway the election and vice versa. if i'm prosecuting this case, i'd be a little worried about a juror saying, well, maybe i think he's guilty, but i'm not comfortable with finding someone guilty on november 1 or something when you have an election a few days later. so it gets into really tricky ground at that point. >> yeah. and what about the doj? they've got their own rules about elections. yes. >> you will hear even have a verdict. so you will hear much about this fabled 60 day rule

at doj, but it does not strictly apply here. what the rule says is at doj, you should not announce big indictments. you should not take overt steps, execute a search warrant served subpoenas within 60 days of an election, but trials are different. doj does not control trial dates as we just showed, it's a judge. and so trials are technically not part of the 60 day rule. >> you >> could argue they're within the same spirit though in a quick follow up, if donald trump is elected and is potentially going to trial, what doj allow the trial to go >> forward if he's the incoming president, short answer is no. doj has a longstanding policy that they will not indict or try a sitting president so question number >> five, we've got potential for delay is here can to trials happen at the same time, we give you a very simple answer here. >> no, you cannot have two trials at the same time because the has the right to be physically present at his trials. he obviously can't be in two places at once. it's a core constitutional right. we

will not have two trials. said that's not right now. >> loud and clear for anybody at home. we wanted to see. okay. that leads us right to question number six. he has a right to be president. yes. does he have to be present? >> but generally speaking, yes. with some very, very narrow exceptions, if for example, someone is being physically disruptive, they can be removed from the courtroom. he could probably ask for permission to ms certain days, you remember in the civil cases though, donald trump's sort of came in when he was there some days he was not there, others generally speaking, at a criminal trial of the defendant has to be and will be present every day. it'll physically take him right off the campaign trail, but he knows how to turn the courtroom into the campaign. >> it is unusual to not have a defendant if they're facing a criminal charge yes, i >> former never seen a defendant area >> and a lot of other ways as well. elie honig. thank you very much and let's discuss this now and debate this question with two esteemed lawyers. you've got trump lawyer tim parlatore and jeffrey toobin also is with us.

so tim, i want to start with you you think the justices in the right thing and agreeing to hear this case. if so, why >> i do, i think that for an issue of this magnitude that impacts the president it doesn't just impact what happens to donald trump. they're gonna be setting precedent to really define the left and right limits of presidential immunity. that's going to play but every president that comes thereafter, and that's something that justice ginsburg wrote a scathing opinion back in late '90s, saying these type of things must be decided by the supreme court, not by the circuit and so i think that even if they were to uphold what the circuit did, it's something that really needs to come from the supreme court, not from the dc circuit. >> all right. jeffrey. so do you buy that that they have to weigh in just for the finality of it. all. >> i don't think it's a terrible idea to have the supreme court address an issue of this magnitude. i understand that point. my complaint about

what the supreme court has done is about the procedure and the timing. this issue has been before them. they could have skipped the dc circuit altogether jack smith asked them to skip the dc circuit to move this case along. they declined to do that, and they have gone at a very leisurely pace in addressing the the appeal. now from the, from the dc circuit and now have set the argument for the week of april 22. >> all of >> that is a gift to donald trump. so the substance i don't have a problem with the procedure which is often more important than the substance has been very much slanted in trump's favor. >> i want to get back to that, but tim, just to get your take you can doesn't mean you understand the world of trump attorneys pretty well. you were one yourself. >> if you >> were representing him in a case like this and you walked into the supreme court on april 22. what's the argument on the merits? >> the argument on the merits and has been narrowed by the

supreme court from what they wanted to argue it really is that the actions that you take that are part of your duties as president, that immunity should attach to them. and that immunity should survive the end of a president let's see oh, that's, that's really how the supreme court is his narrative. so the whole impeachment judgment rule that's out the window. they didn't want to hear that. they really just want to know about the official acts, whether that immunity survives the end of the presidency so you really got to focus. >> but the question, the way the supreme court defined this question was also in a way favorable to trump because it raised the possibility that the supreme court will establish a standard for this this issue and then send the issue back to the dc circuit to decide whether the facts of this case apply, which would certainly push this case after the election. so everything the court has done procedurally has

been in trump's favor, even if ultimately they wind up ruling kansas them on the marriage. jeffrey, >> though, what tim is saying also is that trump could argue that the things that he is accused of doing related to january 6 ultimately were official acts. i mean, do you think he can actually make that case? >> i don't think i don't think he can make that case. and it has been a bedrock principle of american law, including trump's own lawyers made the argument in his last impeachment that will of course this can all be dealt with in a criminal case later. gerald ford pardoned richard nixon because everyone assumed he could be prosecuted for what he had done as press president. this is an extremely novel and frankly dangerous argument that trump is making. and that's why the dc circuit in a bipartisan way, basically gave at the back of their hand, i expect the supreme court will do something similar, but the delay is the

big win for trump here, tim, your thoughts? >> i mean, we keep talking about the delay helping trump. the reality is what the supreme court has done here is what a normal schedule for any other case would be you know, they have not taken jack smith's invitation to put the election as part of their calculus. they're going on a normal schedule so i mean the idea that they they should have taken it instead of the circuit that's just silly. i mean, that's something that yes, they should have taken it if they wanted to push it before the election, but if they want to follow a normal procedure then they allow the record to be developed in the circuit. then they take it, and then they decided on a normal scan. he cool. that been to whether this has been set up to go back down for another hearing. i think it is because one of the things that the circuit did, which is interesting in how they weren't disorder. the circuit said the indictment alleges that this was all done in his capacity as a candidate,

as opposed to the president and so really, if the supreme court course, it's going to focus on what he did as president. what they're likely going to do is not send it back to the circuit. they're going to send it back to the district court for pretrial evidentiary hearing to see what parts came within candidate trump and what parts came within president trump? >> and if you have your way it will be all decided under the presidency of malia obama that the truth is, that that sounds like an extremely extended timeline and tim delay is important here because justice delayed very well could mean justice denied in this case. i mean, if trump is liable for his actions, if he doesn't get this decided until year two of his second term as president probably would even go there at that point. then it gets to the election the election is really, it's an additional factor that we don't normally have i mean, let's remember

criminal cases in the federal district court, especially with this amount of discovery. they don't go to trial ever really within two years. so the idea that we're even talking about a trial date at this stage is solely because jack smith's trying to push up before the election. the fact that we're talking about trying to skip the circuit to go straight to the supreme court again, is only because of the election. and this delay. justice delayed is justice denied is something that's very unique to this situation because they're afraid of pushing it out past the election if he wins, is that a set aside the election entirely and just focus on the facts, evidence, and the law and trying to get it right then you would take the time to get it, right? well, supreme court >> often deals lives in the real-world in during the 2000 race, bush v. gore, they were deciding cases day by day because because they recognize the importance of it, they came back over the summer in 1974 to decide the nixon tapes case

because they recognize the importance of speed in that situation. they could relive in the real-world if they wanted to. but there's a majority on that core that doesn't want to recognize the how meaningful the calendar is here. >> all right. tim parlatore and jeffrey to those two cases were very different. those two cases were very different. well, talking about the election while it's pending, and we're talking about after he's already been reelected of whether you're going to keep him in office, and that the nixon case is entirely different timing. >> all right. well, to attend, we don't even know which is going to win the election and tim and jeffrey, really, this is a really interesting conversation one i'm sure we will revisit. thank you both very much. and up next, harry enten is here to break down the calendar and the likelihood that american voters will actually know as we've been discussing, what is trump's fate before this next election? us also breaking tonight. a

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communities before it's too >> let's. >> care before we share >> laura coates live tonight at 11 eastern on cnn >> we have much more now on the complicated legal calendar that is facing donald trump after the supreme court agreed to take up his challenges to presidential immunity, cnn senior data reporter, harry enten is over at the magic wall with more on this. so harry, what does the legal calendar look like going forward from here? >> yeah. abby, i want to point

out a few important things on this particular calendar. first off, the next thing that we're looking at is the classified documents this case hearing on friday 1 march, and that, of course, will determine whether or not the classified document trial, which is currently set for 20 may of 2024, will actually go forward. now, why is that an important date? because everything else on this calendar is after that. and you know, what is actually just after friday the first is super tuesday, the fifth. that is when a lot of delegates on the republican side of the eye will be decided a majority when fact be determined, at least by tuesday, march 12, and then trump is probably if the polls are correct, is probably going to clinch the nomination between tuesday, march 12 and tuesday, march 19th. that means that he very well could get the nomination before anything else happens. now, you'll notice the hush money trial is set to open on the 25th of march, and then you basically get this long lull. you get the supreme court arguments on immunity, which of course we've been talking about all this program. and that's

not happening until late april, then the fulton county prosecutor proposed trial doesn't even potentially actually start until the fifth august. my goodness. gracious. how late is that? it's actually after the rnc, the republican national convention, which actually occurs in july. and that might not actually be the case. you're getting all of these things api that are starting really, really late. now, this is just when these trials may be beginning. when could these cases actually be decided? will they be this item before the election? well, if you listen to the judge in the new york case probably for the new york hush money case, but classified docs, georgia election, federal january 6 case. it is all unclear at this point, could be only one trials in fact, the term before the november election, the one trial that there's a lot of dispute about how strong that cases what do you think is the political impact of this new york hush money case being the first and maybe the only one to finish before the election. >> yeah. if you ask the american public what they think are very view the charges is very serious. a majority

believed on the classified documents case, 51% of georgia election case, 54% federal january 6 case 56%. but look at the hush money case only about a third of voters, just 32% of voters view the charges in that case is very serious, is by far abby, the weakest pace in the minds of the americans. and it may be the only one that is actually determined before the election. so then the question as abby, how do americans view this in terms of whether or not they view it as potentially disqualifying for trump's. so this is the new york hush money charges disqualify trump for the presidency if they are true, look here, all voters, only 30%, abby, only 30% of all voters view the charges as disqualifying. if they are in fact true, and if you look at those undecided voters and a trump biden potential rematch, it's only a third, 33%. so if the new york hush money case is the only one that's the term of for the election. it's probably not going to make that much of a difference. >> yeah. and in that first

number, that means probably quite a lot of democrats. yes. in that first number there to harry enten. thank you very much catch for all of that and joining me now is democratic congressman from tennessee, steve cohen. he serves on house judiciary committee. congressman cohen, thank you for being here and staying up late for us tonight. were you surprised to see that the supreme court decided to take on this case? >> i wasn't surprised to see the date is april 22, so far out that it makes it difficult for this case to be heard before the election. there's no case before the supreme court today. we're probably a decade more important in this case, roe v. wade, right up there, maybe more important. >> but this >> case determines whether or not we know for the next election, if our president is a crook, as richard nixon asked, richard nixon was a crook. and ask this suspect that the american public wants to know what a jury would think of donald trump. did he try to steal still the election? was it a coup d'etat? was it an insurrection? was he involved?

did he know what he was doing? >> i think we've seen the facts >> brought out distinctly by the january 6 committee and by the press and everybody else. this was something donald trump engineered and this should be determined plenty of time for the case to be heard and tried before the election. so the american people can make a judgment based on the decision of the jury. >> so ultimately is the court basically doing donald trump a favor here, whether they intended to or not, by effectively delaying this trial also, that it can't possibly start before the election >> i think they are. i don't think it was really a need to hear this case. the appellate court made the right decision beautiful opinion, and it was clear that there was no question whatsoever because, if he didn't have the opinion, if he said the president had absolute immunity, trump says, oh, the president has to have absolute many. they couldn't do it well, he didn't have absolute immunity. was president. he's had for years,

he didn't do much of a job anyway, but regardless of what, because he didn't have immunity and the fact is this case these to be heard before the election, and i think he's been stalling for time. he stall for time in all the cases. he's got throws everything up against the wall to get him extra time because he wants to put it after the election. and if he should win, he will stop these prosecutions and let the voters, as its only hope the voters want to know nearly half in a cnn poll, say that it's essential that a verdict on trump's efforts to >> overturn the 2020 election be reached before november. now, if they don't get a verdict what effect will that have? i mean, is this something that helps or hurts trump? >> well, it helps trump not to have a verdict and to put it off until after his election. and if he wins, the hopefully he won't. but if he does, then he would he would have a justice department that would kill the cases and he would say just let them be and he could do that because he controls the justice department little

higher. some some some lacking >> he's learned >> from his first term to hire lackeys at all points, bill barr was a lackey, but he's got to have a super light. he would just kind of regular lackey. >> well, just in that general vein, you previously have said of justice clarence thomas, that he should recuse himself for for any cases involving ginni anyway, six, just broadly on this particular case, do you think he has to do the same now >> issued, but he won't he doesn't know anything about ethics. his wife was involved in january 6 and he shown by taking moneys from wealthy people and hot against the buying, getting rvs and several hundred thousand dollars rvs and taking unbelievable journeys and cruises and safaris or whatever paid for by others. he has no thought about ethics and he would not recuse himself from this case and he do anything he could to help donald trump and to keep them in office and so what alito, the hope is that i have some hope even at this point, and i'm disappointed has come to

this because i think they should have just affirmed instead, it was no basis to appeal on affirm the circuit courts opinion which says if he if he said he had immunity, he could rape he could murder, he could overthrow the government, but he could rape or even murder. and it'd be immune. >> this is only because putin could do putin's unmute for in russia killing of all. were you saying what he wants? >> that you have hoped that the court will rule against trump here. >> i have hope that the chief justice roberts, who i've gotten to know over the years, has the courts it his reputation as his primary authority, there's certain people that think that about every republican member of the court has dishonest and that they would do things financially or other reasons to help trump. i don't believe that john roberts would do such a thing, and i've got my fingers crossed and hope the cabinet has that same morality and that he will work with roberts and that the three democrats, at least to have a 5-4 and to see to it that this

case does get to trial. i mean, it's the only thing we can do is hope because there was no appeal on them. the supreme court is a supreme court. john roberts has the opinion and of the supreme court and the american public's my in his hands. and he values so supreme court, he is the chief justice. that is his job. >> if very interesting to hear you say that congressman steve cohen, thank you very much for joining us. >> you're welcome, abby. nice to be with you >> and next, the republican who is responsible for changing the architecture of that supreme court announces that he is taking a back venture role on the very same day that the court but he built steps into the spotlight, again, much more ahead on these side sunday >> van jones, it's home find out what is driving the divide in tennessee politics. >> there has been a very active 20 to 30 year effort to separate us. >> the whole story with anderson cooper sunday up on cnn liberty mutual customize my car insurance and i saved hundreds

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on cnn >> on the very same day that the supreme court weighed in on whether trump is above the law. a monumental announcement. now from the republican who i'll pave the way for donald trump to make not one, not two, but three selections on that supreme court for the next-generation senate majority, minority leader, mitch mcconnell is stepping down now from his leadership post in november father time remains undefeated no longer their young man sitting in the back hoping colleagues would remember my name it's time for the next generation of leadership >> joining me now is cnn senior political commentator and former republican congressman adam kinzinger, who of course served on the january 6 committee. adam, i have to ask you, i mean, do you hold mitch

mcconnell essentially responsible for why the country is in this position in the first place, he was the one who gave trump a lifeline by helping to tank the impeachment over a january 6, i mean, he really was me. think about this. we you know, he was impeached in the house i think seven people voted to convict him in the senate and it would have been enough to remove him. there would have been, i think another ten republicans if mitch mcconnell had done there. remember he gave this amazing speech on the floor about law and justice and then he basically is like, but, you know, he's already out of office and we can't impeach guy that's already at office by the way, that trial was delayed because mitch mcconnell delayed it until trump was out of office. you know, you also look back on things like this fall. mitch mcconnell acquiesced so the freedom caucus in the house's demand that they not pass ukraine funding. it could have gotten passed in october. but he acquiesced to a continuing

resolution that punted this situation to where we are now where it may not even get past. so they're mitch mcconnell is a political animal. he was good at politics but i always struggled to look into his eyes and see that there was any center or any core besides simply winning. the next thing for the republicans >> interestingly, obviously, mcconnell is not a fan of donald trump. these people do not like each other. but he had now have basically played a single-handed role in building a court that could some would say might likely give trump a ruling that would say there's immunity for the actions like the ones that he took on january 6. do you think that's an outcome that mitch mcconnell would want to see? >> no, certainly not. and personally, i think there's no chance that the supreme court actually ends up saying that trump has complete immunity. i think it will come out 90 or 81. >> well, >> that's my prayer. i mean,

because frankly to say that a president has complete immunity i mean, that's like maybe an argument you'd find that devil making, but here in a democracy, we actually believe in the rule of law. so i don't think that's gonna happen, but certainly this trial is now delayed. it's delayed because for whatever reason, the supreme court, which knows better, has decided to delay this. maybe they want their fingerprints, maybe they just want to delay it. i don't know. and i don't think mitch mcconnell he obviously would like to see donald trump go to trial. but here's the thing, and this is what bothers me about this is all these people that secretly know who donald trump is and secretly don't want him to succeed, are in the very puzzled positions that people in those positions are the ones that can stop them from succeeding. but they don't. you're this year the senate minority leader, and you're hoping some other person on a white horse rides in and saves the day and you're the one that can do it. >> well, when it comes to what's next for who leads republicans in the senate, just in the last hour? omni insisted that donald trump won't have a

role in that decision. hit it right now. it's believed that the john's john thune, john barrasso, and john cornyn are all in contention. i should note all of them have endorsed donald trump, including most recently, john thune, who did it just this week. is it wishful thinking that trump's hand is not right in the center of this particular cookie jar. >> yeah. i mean, i think it's wishful thinking. i think i filled it was a big step that made a lot of us sad because he had held out and you just see this like what's it worth being the leader of the party if you have to acquiesce to donald trump anyway, like, why do you need this job? so bench or really not going to have any influence. so i think look, i appreciate mitt romney's take on this and i'll give a lot of deference to him because he's on the right side and he knows this caucus better than i do. but i think the idea that i mean, look, this immigration plan was basically tanked because of the former president and yeah, he's got his

influence is only going to grow. look at josh hawley he's all over twitter, gloating about this despite the fact that he was the fastest runner on january 6 and, you know, and sitting around talking about whoever's next and it's all about donald trump. so look, i hope it's somebody like bradso or thune because they are corn and even because there'll be better than a lot of the other options, but certainly donald trump will have his influenced and that's no doubt >> all right. adam kinzinger. thank you. good to see you. >> you too. >> lax for breaking news tonight. yet another state saying the donald trump must be removed from the ballot because the 14th amendment, my legal panel will discuss this and much more the greatest stage they talk about. time reuse. well, the champions have tbs mornings, cough, congestion,

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tonight in illinois. judge, removing donald trump from the state's ballot, citing the 14th amendment. and its so-called insurrectionist ban, that trump's campaign wasted no time in responding to it, saying it plans to quickly appeal this ruling the judge's decision comes after a similar challenge from colorado is pending now, before the supreme court for more on this, i want to bring in former assistant special watergate prosecutor, nick akerman, cnn legal analyst jennifer rodgers, and former prosecutor, jeremy saland. nick, what's your reaction to this ruling out of illinois? they be basically took what colorado did and they said, these are the facts we're going to just apply it to illinois. >> well, that's the same thing that the secretary of state in maine did. i mean, she did the exact same thing. i think everybody's just got to hold off because the supreme court is going to be the body that decides this in the end. no matter what happens so many hmm

many other states do this. they're all going to wind up going back to the supreme court and the supreme court's going to have the final word on this. the problem i have with all of this is that they're basing it all on the fact determination that was made by the colorado supreme court, which in turn was based on the january 6 committee what irks the hell out of me is that the supreme court is actually the supervisor of that grand jury in dc. that indicted donald trump. they have access if they want, they could reach into that grand jury. they could get the testimony of former vice president mike pence. they could get the test the money that was given by the white house lawyers, and they would have more than enough facts to determine that donald trump was involved in an insurrection that be something they could, they could be jennifer, they they won't they will not i mean, they don't want to touch that issue with a ten-foot pole. we've got legal issues

here about whether the president's he is under the statute as an officer about whether congress has to act before the state's can actually do this 14th amendment thing. they're not going to touch this factual question. illinois even do this in the first place right now. >> there's a bunch of states. it's still have pending lawsuits. i mean, people have sued saying he should not be on our ballot and they're working their way through a whole bunch of states. so illinois started with the board elections. they said, we don't have jurisdiction and goes to the judge. judge made the ruling now it can appeal through the state courts. they're just kinda doing their jobs even though everybody knows the supreme court's going to come out the decision, jeremy, when it comes to trump appeal, this is already stayed, so he's still on the ballot for now. what is the appeal look like? and what would the import of it even be given that the supreme court ultimately has to decide, i think ultimately there's only slightly smaller import because you're correct. the supreme court has to make a decision. there's needs to be guidance otherwise, each state is going to be doing its own method and have their own progress or process to get to a point of should he be on or should he not be on. so it's very problematic. it needs to be decided not tomorrow but needs

to be cited today. and i think frankly, even far before this issue of immunity, the issue of insurrection, i think it's paramount. >> this was like a snowstorm de, when it comes to news. so one of the other headlines that happened, trump's civil fraud case of drudge rule that he has to come up with the full bond 454 million, and his lawyers say he doesn't have it. >> well, he's been saying for years he has it but it doesn't have it. that's right >> so i mean, what does this mean? >> this means he's not days for donald trump. >> where does he go next? >> it goes next to trying to either sell his properties or he has to sit back and let the attorney general go through a forfeiture proceeding and take over these properties. >> i mean, he is >> really between a rock and hard place here. >> and if he can to jeremy do this in the i think it's 30 days that he has to sort this out. what >> happens that will interest is ticking number one, that's really significant the issue and two point just made before if he wants to sell his

properties, assuming he can, he has long-term capital gains issues. he's going to have to deal with so ultimately what will happen is attorney general james is going to put a lien and ultimately for lack better term sees those properties. he's going to have a hard time with coming up with this money. and out of that money ever existed in the first place, whether that sort of exposes him as a charlatan on that front is yet to be seen, but this is a very major big, big problem for the ag has said she will seize absolutely if he doesn't pay up and jennifer, there's also i mean, trump has this 83 judgment against him in the e. jean carroll case. in that case as well. another civil matter will she ever actually see that money >> yeah. i think she will. i mean, he's going to have to put up the bond for the 83 million as well. little go through the appeal process. but as soon as the appeal is finished assuming that the judgment is affirmed and the amount is affirmed, then it's time for her to get paid and the bond will be there, so she will get that money so nic, just as a final thought here, look, all of this put together, it's been an extraordinary

newsday, will put it that way, but an extraordinary year for this supreme >> court taking on some of the most consequential decisions, maybe ever, when it comes to the highest office of the land you were watergate prosecutor. did you ever think you would see all of this in front of the courts all at once. >> never. >> i was amazing to even see the nixon tapes case grow before the supreme court when it did. this immunity issue that came up today where the court has actually permitted appeal on the immunity issue from the dc circuit. i find absolutely outrageous. there is no way during watergate that ever anyone thought for a moment that there was presidential immunity for richard nixon. i spent hours, days, months investigating crimes relating to richard nixon and no one ever came to me said, we better not do that because there's presidential immunity. the fact is this whole presidential immunity

idea is a construct made by his lawyers in order to delay this whole matter for donald trump. so he doesn't have to go to court. >> jeremy is the court validating, that construct by taking this up or is this an opportunity for them to say once and for all, what the law says. >> i think you would be very generous to say that the court is trying to sort of cut the head off the hydra. however, it proposes itself to get this immunity issue out front. but i also want to say it's difficult to think it, but it's disturbing because why is the court taking so long to do this are they giving donald trump a pass and no matter whether it find whether they find there's immunity or not there by de facto sort of by default, giving trump that immunity by pushing this off because it's not likely that a trial will happen anytime soon if at all. and theoretically, maybe even after if he's elected or after the election. so it's disheartening. i don't want to think that i want to take off those blue and red glasses and american should do that, but it is very disheartening

>> i mean, like when you look at all of this, it amazing to think what this country is about to go through over the next nine or ten months. nick akerman, jennifer rodgers, jeremy saland. thank you both. all very much for all of that. and another moment that is destined for the history books. where does a ruling on presidential immunity fit in through the eyes of a presidential historian, douglas brinkley is here and he will weigh in on that next to be a hair glider orders vegas what i want to do. >> they had the biggest entertainers in america >> vegas is always marketed itself on its not how do you and the only way you find out what you can do is if you do it it's unlike anywhere else in the world. >> vegas, the story sin city, sunday at ten on cnn

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deals on top before there all right shoppers today >> the supreme court is now set to hear donald trump's presidential immunity claim around his federal election subversion case. have the court has agreed to expedite the case with arguments set to begin the week of april 27, again, for closer look though, at the historical contents and consequence of this case. i want to bring in presidential historian douglas brinkley. he's also the author of silent spring revolution. doug good to see you what do you think the history books ultimately will say about just the court's decision alone to hear this case >> well, i think it's important that they're going to hear it, but it'll be talking about the timing. january 6 seems like a long time ago. years have gone by and the fact that is bleeding right into the presidential election can be seen as troubling april 22 is

what will be here but things won't get really be no, no, june and july 15th that the republicans hold their convention in milwaukee. >> and i think >> it's looking today like a win for trump side. give kicking this can down the road away. so it's a six three conservative supreme court. and they seem to have they're not going out a snail's pace, but they might be at a tortoise pace here. and time is running out. but we'll see what happens come april and june. >> yeah. i mean, when you think about the last time that the court weighed in on this idea of immunity it was for richard nixon. how do you think that donald trump's case measures up to the inevitable x and comparisons that we've been talking about for all these months >> well, i edited the nixon tapes and wrote a book on gerald ford, and i always thought that the point of the pardon was to say that, look, if he didn't pardoned nixon, he would have gone through the court systems that he's not eat

for crimes abuse of power as precedent. >> but >> alas, with things now, gotten so crazy and so politicized. >> i >> mean, this is mitch mcconnell, supreme court. he then history of remember his stepping down today? at one point, mcconnell had called him essentially morally culpable. >> donald >> trump for what occurred on january 6. but now he's disappeared. the courts, they're trump's left standing and my fear is people like jack davis, like robert muller, like others step up, they eat up all of our clock and then it fades in our rearview mirror while trump seems not to quite have met his come up ins for his involvement in january 6, yet, and >> ultimately, i mean, look, january 6 alone is really at the heart of the american experiment about the peaceful transfer of power. but this

ruling that the court could end up making ultimately, if they ruled that there is this kind of immunity that could be a pandora's box for this country. what impact do you think that has on the institution of the presidency itself for all the people who might seek that office going forward. >> what a great question, abby, that's that's the winning one in my mind. because what might happen is they isolate this bush, the gore kind of got isolated. it might say that look, we looked into donald trump and he was president, but we felt feel that in this one particular case, he had a concern about how the election count was going, and hence give trump a kind of get out of jail free card without making it a permanent new part of the american us constitution. and that could happen. they may try it that way. they get a little bit of cover. the supreme court saying we just dealt with this,

but we're not making a broad statement that might be what's up their sleeve, come come on. july >> we'll soon find out douglas brinkley, always great to talk to you and have that perspective. thank you very much. >> thank you, abby >> and before we go tonight, some sad news to report comedian richard lewis has died. his publicist told cnn that he passed away peacefully at his home in los angeles last night after suffering a heart attack. most recently, he starred in curb your enthusiasm with moments like this where it all again today i'm a word of wisdom, man, i didn't three tried a street in a row he really on a good strike on a huge strikes that >> before his time on curb, louis had a long career as a stand-up comedian, where he went deep into his own torment, earning him the nickname, the prince of pain he was also in films like mel brooks is robin hood, men in tights and last ye h