were denied and yet the government still went ahead and used the material witness statute. and again, i can't stress enough that the government did not raise an iqbal claim as to the plausibility of these allegations. only now in the reply brief where they're trying to address a sole motive situation, or a but-for, which is all we're asking this court to address, the government has now said the allegations are implausible. i think that in many situations -- you know, with the absolute immunity point, if i could just turn to that for a second -- the history, as you said, justice kennedy, the government has conceded they don't have a case on their side. we have plenty of cases in which, as the historians' we have plenty of cases and that

our similar. but we're talking about the government's burden. the government came forward with no historical evidence. this is not inconsistent with warrants generally. we have surveyed the history of war and said that there is no history and we will not grant immunity for arrest warrants. this is even clearer. we are talking about a fairly ancillary and rarely used process. process. because it can be not be that

you can have community in all cases. they take two witnesses. they can clearly be engage in this for different reasons. the court believes and was investigated based on the complaints. it is likely that the prosecutor would have the calls up the point and is corrupting the witnesses. there is no way around looking behind the alternative.

it is either wholly -- and that is a difficult tasks. there is no reason why they cannot make an initial determination. he knew what testimony -- >> he were going beyond what i thought you are arguing. you are saying that you always have to make that determination in good faith and in all cases, including one the prosecution is accused of bringing the prosecution purely for rest and purposes. purposes. >> no, your honor.

there is a unique set of facts, not the least of which is the history with respect to the arrest and warrants generally. there has been no counter history by the government. >> -- relative to the committee that should be given in a -- >> i don't have a first principles -- you will look to the history of both cases. >> i can understand this with respect to 1993. respect to 1993. the court was committed to only

recognizing those that were available at the time in 1983 was adopted? >> i think part of what the answer is is a practical concern and it is too difficult to have different committees. i think from a policy standpoint, it is felt that that is the right analysis. history is what the court has said that this is necessary and not sufficient. once you become on more from history, it becomes very difficult to keep the two. this is a statute that has enormous consequences. third-party suit up inc. to of

done nothing wrong will end up in jail. to say that there will be absolute immunity is dangerous. this court says test to be against committee. -- community. you don't want to have third party is going to jail. the only case was a third party and not the actual defendant was mitchell. some of which you have tonight and some of which you have granted. we are talking about third parties after 9/11 repeatedly went to jail. the allegations said this is far more than a double motive. many people were arrested, they

were not immunized. half of the people who were never called to testify. they were interrogated about their own activities. >> thank you, counsel. >> this is a simple case. this is not guantanamo, separation of powers, should we allow damages against an attorney general and -- for doing their job when they are alleged to have any bad motives. i can start about the cost of the use of lawsuits and allowing them to proceed. he said this would be a small prayer case and an isolated example but if you allow their motivation argument to pierce absolute immunity, you will have 95% of federal cases are

resolved by a plea agreement so there's not someone who is actually called at trial .utcom this is when you put in a pattern of abuse of the -- if you add that someone was on call bond and a trial to that pattern, then you would have the stamina to use -- then you would have these damages. this excludes emigration cases and excludes the state cases. a few hundred lawsuits just that the federal level filed against the attorney general. >> there are some elements of this picture that are very disturbing and we are talking about the attorney general and his community.

there are allegations here that this man was kept awake for 24 hours, kept without clothes. that does not sound like the way one whit to treat one of his testimony you want. is there a remedy that he has for that obvious mistreatment? >> with respect to, that is not before the court. what is before the court is exclusively a fourth amendment concerns. there has been other ancillary litigation with respect to that. to hold the attorney general or prosecutors liable is something that would open the door to at least a few hundred lawsuits at the federal level.

>> i would like to go back to the statute. if an officer fills up an affidavit for research and says there are drugs in the house and it turns out he was lying, you would have a damages action. >> the officer, not against the prosecutor. >> now, here it says that the person filing the affidavit must say that he is a material witness. suppose the plaintiffs were to prove that the individual who sign that was not telling the truth in st. that he is a material witness because there is no possibility that he would call this individual, nine. that is what they have to prove.

would that interfere significantly with one enforcement? how do you distinguish this from the drug case? >> plan not sure if the prosecutor is lying or the agent. if it is the agent, that is not something that absolute immunity and here is. immunity adheres. >> the plaintiff can show there is no possibility that he intended to call this individual. >> i would say there is no absolute community prohibition against that, there might be some relevance under other lines of authority. the government is not sticking to its position or something

like that, opposition is that for the fourth amendment, it does not look too subjective motivations that all. the statute does have safeguards to guard against the type of abuse than several justices have mentioned today said that you could only detain someone so long as the release would not result in a failure of justice. my friend said there is no historical precedent for this. the 1846 statute did not require failure to comply before a witness was brought in on a material witness warrants. i don't think what the government is doing here is any different. if you look at the complaints, the allegations in this case

don't prove that the attorney general or the -- had a single motive. at best, they're consistent with their newly-minted standard, a double motive. given that, the complaint it does not fall on their own terms. the line they're proposing would be extremely difficult to apply in practice and it would ultimately lead to lawsuits filed against the attorney general and prosecutors. >> think you, general. the case is submitted. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2011] >> next, president obama talks to high school students about the importance of education. then, your questions and comments.

hurricane carter spent 20 years in prison, wrongfully accused of triple murder. also scott brown on his troubled childhood and rise as a political figure. get our schedules by e-mail. sign up for our booktelevision alert. >> the senate will debate the spending bill for the rest of the year. stracke the house and senate timeline, and find a full video archive for every member. >> now come president obama's

visit to miami central high school to talk about the importance of education. the president toward some of the classes with the education secretary and a former florida gov.. and one science class, the students showed the president some of the project have been working on. here is a look. >> that's great. how are you? are you going to do a little demonstration? >> these are the robots we have been working on.

[inaudible] >> this is programmed to do a step ladder. >> ok. all right. >> the program we use is on the board. >> you did this yourself? >> yes, using the code. >> how long did it take you? >> [inaudible]

>> it took half an hour or so. >> it might take me longer. >> what we have here? >> this moves upwards and then it moves up or is again and does and 90 degree turn. >> fair enough.

>> this is used to pick up little donuts. it would test for this. >> you can operate this manually? >> yes, you can't. >> does anyone have any doughnuts? [laughter] >> duncan doughnuts to work? you have been at this for a couple of years? >> yes. >> this is pretty simple. this will go diagonally and come down vertically. >> later the president spoke about state and local levels.

freezes should not include education. he is introduced by jeb bush. this is about 40 minutes. >> good afternoon, everyone. secretary duncan, president obama, i am honored to be here to introduce such distinguished

guests. because of the florida attention on students, accountability for schools, rigorous college prep for and the broadest array of choices for families. to every child should have access to a quality education.

you should graduate with the knowledge and skills to be successful in college and then their careers. they deserve to learn from excellent teachers and most deserve to be rewarded for their work a quick in the next generation of leaders. let's give them a run of applause. [applause] we know it is possible because we have seen it happen here at miami central high because leadership of principle turner.

i give you the president of the united states, barack obama. >> hello. [applause] thank you. thank you, everyone. thank you, everyone. everyone, have a seat. have a seat. it is good to be here today. [applause]

i am excited. i am thrilled to be here. it is good to see all of you. i want to first of all think someone who i think will be one of the best education secretaries that we have ever had, arne duncan, for being here. [applause] we also have york congresswoman, said rico -- federica -- to alig \ your outstanding school superintendents, give him a big round of applause.

and it's very impressive principle, turner. [applause] i gather we also have some members of the football team here. [applause] i understand that you were state chance, is that right? they look pretty big. some of them are not smiling. they have their game face on. [applause]

we're joined by another champion of education reform. someone who is now championing reform as a private citizen, jeb bush, and we are grateful for him being here. aside for being a former governor, he is best known as the brother of marvin bush. [laughter] apparently, the rest of the family also did some work back in washington back in the day. the truth is, i've got to know jeb because his family

exemplifies public service and we're so grateful to him for the work he is doing on behalf of education. thank you, jeb. [applause] i just had a chance to take it for here at miami central. but we went through a leg up, they had robots, computers with factors into this and that. i was confused but i nodded like i was understanding was going on. it is inspiring to think about where you were a few years ago and where you are today. you came together to turn this school around.

i think the rest of us can learn something. we are at a pivotal turning point. we just came through a tough recession that has taken a big toll on families here in florida and all around the country. we took some essential steps for hiring and economic growth. we are letting businesses write off investments and americans' paychecks are bigger. i'm proud that republicans and democrats got that done. we learned the unemployment rate fell to its lowest level in nearly two years.

[applause] our economy added to under 22,000 jobs in the private sector. that is the 12th straight month of job growth. our economy has added 1.5 million private-sector jobs over the past year and that is progress. we need to keep building on the momentum. in a world that is more competitive. how do we attract new businesses? how do we grow our economy and compete with countries around the world? how we make sure that all of you, all of our students, whether they go to miami central or anyplace else, how do we make sure that you have a chance at the american dream. that is why i am here today.

in today's economy, and they're making decisions about where to locate and to hire based on the 2 ft. -- on a few key factors. the companies can profit from new ideas and new discoveries. the most important thing companies are looking for our highly skilled, highly educated workers.

nearly half of all new jobs will require a level of education that goes beyond a high school degree. first of all, you cannot drop out. you cannot even think about dropping out. [applause] you will need some additional education. if we won improvements on the jobs front, we have to make improvements in education. as a nation making investments in education, all of them are central. what makes it tough is that we

are a difficult fiscal situation as well. on for too long, the government has been spending more than it takes and. in order to make sure that we can keep doing our part to invest in miami central, in your schools, pell grants, in your education, we will have to get serious about cutting whenever spending we don't need. when i have done is that i have called for a freeze on annual domestic spending. that would cut the deficit by more than $400 billion over the next decade and it would bring that spending to a lower share of our economy than has been true for the last 50 years. to achieve those savings, we proposed eliminating more than 200 federal programs. we are finding ways to save billions of tax dollars by

selling 14,000 government properties we don't need any more. that is just a start. if we are serious, we will have to cut excessive spending wherever we find it -- in defense spending, and spending on entitlements, on spending through tax breaks and loopholes and i will be sitting down with democrats and republicans to figure out how we can reduce our deficits. what everyone to understand, our job is not just to cut even as we find ways to cut spending. what we can do is cut a record and investments like education to help us create jobs and grow our economy. [applause] we cannot sacrifice your future. think about your family.

let's say that someone gets laid off and then and you have a medical emergency. if you are a family that has to cut back, first of all, do give up things you don't need. maybe you eat out in a little bit less, maybe you don't buy as many new clothes, maybe you don't buy that new car that you thought you needed. the last thing you give up on is saving for your child's college education. the last thing you give on is making sure that your children have the books they need, the computers they need. that will be the key to his or her success in life over the long term. the same thing is true for our country. when we sacrifice our commitment to education, we are sacrificing

our future and we cannot let that happen. our kids and our country deserve better. i will be traveling the country and we will be talking to parents, students, educators about low in need to do to achieve reform, promote responsibility, and deliver results when it comes to education. [applause] i have decided to come here to kick off education month because you are doing what i challenged states to do shortly after i took office and that is turning

the lowest performing schools around. this is something that has not received as much attention as it should but it can hardly be more important in our country. right now, there are about two dozen schools that produce nearly half of the young people to drop out of school. we have 2000 schools about half that dropped out come out of those schools. we know these schools are often found in rural areas from a big cities like miami. many of these schools have lots of asian-americans, african- americans, latinos, and other students. many central used to be one of the schools. [applause]

it is important for us to remember where we have been so we know where we need to go. this used to be a place where the problems on the streets followed kids into the classrooms. it was hard for young people to learn the dream was out of reach for too many. there was a culture of failure that brought everybody down. turnaround these schools is not easy. many people use to argue that all they need is more money but money will not do the job alone. we have to reform how things are done. it is not easy to turn around

and expectation of failure and to make that an expectation of failure. there may saying he did this is not possible. they say that turning around good schools was throwing your money away. they say we should focus on places that have more breaks and more going for them. , i am nott i think willing to give up on any challenge and america. i am not willing to give on any schools. i did not accept failure here in america. [applause]

>> i believe the status quo is not acceptable and it is time to change it. it is time we came together. we come together a list of all of this should thus all the students. we are giving every child a chance to make the most of their god given potential. the good news is that we know what works. we can see it in schools and communities across the country every day. we see it in a place like bruce randolph school in denver. this was rated one of the worst schools in colorado three years ago. last may, they graduated 97% of their seniors.

most of them are the first and their families to go to college. the violence is down 80% compared to a few years ago. of course, we can see it right here at miami central. [applause] and a little bit more than a decade ago when the state exams started -- in each of their five years and then they had an and each after that, the halls were literally better with garbage. one of the buildings here was called the fishbowl because it was always flooding.

[applause] in one survey, only 1/3 of all students said they felt safe in school. that about that. today, all of the outstanding teachers, all the students, you have put those days behind you. [applause] i know you face challenges.

on things are not perfect. over the past five years you have started to excel academically. performance has skyrocketed by 60% in math, 40% in writing. graduation rates went from -- i expect them to be at 100%. you are approving the naysayers wrong.

to all the teachers here, i hope you'll stay with the miami central family as long as you can. this community has benefited so much from your teaching, mentor should, dedication. i was reading an article how teachers are feeling be up. feeling that many of them did not understand how much work went into teaching and how dedicated they were to the success of their students. i want to be very clear, we are proud of what you do, each and every day. [applause]

we are proud of what you do each and every day. we need to honor teachers. countries that are successful right now academically, typically teachers are considered one of the top professions. let's face it, we also have to make sure there is accountability for our schools and turning things around here meant replacing a principal and replacing some teachers. that is tough work, it should not be undertaken lightly. your school the did the right way with the process that even had the support of teachers and their local unions because you recognize the partnership among teachers and school a demonstrators. that is the path to reform. it is not easy. i would like to thank the school

board and the superintendents and union for working to gather to do the right thing for your students. you deserve a lot of congratulations and we appreciate it. [applause] progress has been possible thanks to math and science coaches and extra learning time and after school attendance saturday school and summer school. i did not get much applause about, but it is good for you to be in the classroom and learn more. you don't even get snow days down here, do you? [laughter]

you have a robotics program here that is preparing kids for the future. you cannot work on the factory floor if you don't understand technology. you have an entrepreneur ship program that is helping students start their own businesses and you have mentors from local business committees. we cannot expect the schools to do everything, parents have to step up and set high expectations. a [laughter] [applause] when i hear people complain about schools, nothing we do at school make a difference unless

all of us parents step up at home. we should give our kids self- confidence and self discipline and a work ethic. a work ethic that is at the heart of success in school and in life. school is not supposed to be easy. nothing worthwhile is easy. the football players understand that. trying to be state champions cannot be easy. why is it that we expect people to be working out hard on the football field and then everyone is surprised when you have to work out hard in the math lab. the same principle applies, you have to work hard to achieve your goals. [applause] outstanding teachers and principals, our common mission,

a culture of high expectations. that is what it takes to turn the school around. that is what accounts for progress here at miami central and that is why we will support you with what we call school improvement grants. you are one of 1000 schools we are turning around it is burning reform from the bottom up. -- by spurring reform from the bottom up. the approach we're taking with the grants is the same approach we're taking on all of our education reform efforts. the idea is very simple. instead of pouring money into a broken system, we launched the competition that we called race to the top which says that the states prove that you're serious about reform. if you show the most innovative plans for improving teacher quality, boosting will perform

in schools, then we will show you the money. the race to the top has led 40 states to raise their standards for teaching and learning. those were not developed by bureaucrats in washington, republican and democratic governors across the country develop these reforms. that is the kind of a bottom-up approach that we need to follow. we must make sure that this focus is on response of the living and reform and results. because we know the single most important factor in a student's success from the moment the step into schools is the person

standing in the classroom, we want a new generation of teachers including a hundred thousand mountainsides teachers of the decade. [applause] with all these steps, i am confident that the 2020, american will be the highest proportion of college graduates in the world. that is our goal. that is how we will out educate other countries, that is how we will out compete other countries. that is how we will win the future for the united states of america. i will keep the pressure on everyone in washington. i know that everyone here will stay focused on students in the sunshine state. i know that mrs. turner, she

will not let up until miami's central goes from that half all the way to and say. mrs. turner means business. [applause] she has a nice smile and she is all quiet but you can tell that she is like, don't mess with me. that's right. ultimately, she would say that she is not the only reason why miami central has been making progress. she's not the only reason you are turning the school around. the only reason is you the students.

[applause] a few years ago when it looks like the state might shut down miami central, the students took matters into their own hands. you took control of your own destiny. you said some things that are worth repeating. here are some things that students said. we will do more than pass the state test, we will kill it. we really tried hard this year. we don't give up. if we are going to get through this successfully, we will have to come together as a student body. you came together and you did not give up and that is why i will be leaving here so full of hope.

i am full of hope about the central, about america's future. i am full of hope about your future. if you keep on reaching for success and show the same fashion, the same determination, the same hard work, the same devotion to excellence, i am confident we will not only lived at our schools, we will produce the best educated people in the world, our economy will grow, our economy will prosper, and a new and better day will come for the american people. [applause] ♪

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next live on washington journal. then a house oversight hearing on the u.s. postal service. then, a discussion of the 2012 budget request for the space agency. >> on find more and more the behavior of professional sports owners to be unseemly in the sense that they want hundreds of millions of dollars from their community is yet they don't really participate in the problems of those communities. >> this sunday, sally jenkins on the intersection of sports and public policy. >> this morning, -- talks about the latest unemployment figures and his predictions on job growth this year. then, michael leroy