joining us now our very own jordan rubin, former manhattan prosecutor, and marc elias is with us, ourell. marc, you had a chance to look at the trump filing. what stood out to you? >> first of all, just on "the washington post" quote you put up, i think it is important that we not buy into the idea that this is novel. if by novel they mean it doesn't come up that often that a president of the united states incites a violent mob to insurrection, yes, in that sense it is novel, but section three of the 14th amendment is in the u.s. constitution and it is every bit as valid as every other bit of the constitution. i had a chance to read the brief. what is striking about it is how weak it is on the question of whether he in fact did engage in insurrection. the brief buries that question, that very central question of whether or not he is an insurrectionist to page 27 of a 35-page filing. it leads with a whole bunch of arguments about whether the courts are the right forum to resolve these questions, whether congress should have to resolve these questions, whether it is too early to resolve