and so, it is helpful to consider if the court of criminal appeals decision stands, how -- >> mr. sloan, to cut to the chase of the underlying question, was the criminal court of appeals using any clinical standard? medical clinical standard? >> no, your honor. >> mr. sloan, i don't think you finished answering my question. there are two, let me rephrase it this way. there are different things in the per sanno opinion. one is the medical standards that are taken fromsanno opinio. one is the medical standards that are taken from from the medical publications current at the time and then these additional considerations. and that's what's regarded as the persanno factors. disregard the latter. the first part are current -- are medical standards that were current that time. are they not? >> well, i respectfully disagree, your honor. in this respect, because what the court said in perhe is noto, is that after talking about following the 1992 standard, it said we review the standard as exceedingly objective. that's what the court used in the perhe is noto, and that's why we use nonclinic

so it's helpful to consider, if the court of criminal appeals decision stands. ho -- >> mr. oan, to cut to the chase of the underlying question, was the criminal court of appeals using any clinical standard? medical clinical standard. >> no, your honor. >> then -- >> mr. sloan, i don't think you finished answering my question. there are two -- let me phrase it this way. there are different things in the bersano opinion. one is the -- this -- the medical standards that are taken from the medical publications that were skurnt as of the time of that decision. then there are these additional considerations and that's what's regarded as the brisano factors. if you -- disregard did latter. the first part are current -- are medical standards that were current at that time, are they not? >> i respectfully disagree, your honor, in this respect, because what the court said in that case was after talking about following the 1992 standard, it said we view the medical standards as exceedingly subjective. that's the word that the court used in the cases. that's why we're going to come up w

and so, it is helpful to consider if the court of criminal appeals decision stands, how -- >> mr. sloan, to cut to the chase of the underlying question, was the criminal court of appeals using any clinical standard? medical clinical standard? >> no, your honor. >> mr. sloan, i don't think you finished answering my question. there are two, let me rephrase it this way. there are different things in the per sanno opinion. one is the medical standards that are taken fromsanno opinio. one is the medical standards that are taken from from the medical publications current at the time and then these additional considerations. and that's what's regarded as the persanno factors. disregard the latter. the first part are current -- are medical standards that were current that time. are they not? >> well, i respectfully disagree, your honor. in this respect, because what the court said in perhe is noto, is that after talking about following the 1992 standard, it said we review the standard as exceedingly objective. that's what the court used in the perhe is noto, and that's why we use nonclinic

court has agreed to hear. secondly -- and this is the only respect in which the ob differs from the job of a court of appeals judge, to ecide on what cases the court should agree to hear. so essentially two functions. latter is prior, i mean, first of all decide what to put on our docket. what is on our docket to try to get it right. >> what role do you see the playing in society today. and the second question is, has tenure? d over your the same role it has always played. i don't think it's changed. is in the role democracy, to give a fair and interpretation to the that thef dispositions people have have adopted, either statutes or the people when they ratified the constitution. no more, no t, less. i don't think we're a leader of social causes. pushing the society ahead. e are supposed to be interpreting the laws that the people have made. about do you like best the job? >> what do i like best? i like figuring out the right legal questions, believe it or not. and not everybody does. who lust to people become an appellate judge find really quite unsatisfying when they get there. warpede to have a rather mind to w

if the ruling does go against them in the court of appeal, it will certainly bea court of appeal, itt the home office insisted that in the short—term nothing is going to change, and they also point out that when it comes down to specific requirements from the police and intelligence agencies to gain data ona intelligence agencies to gain data on a specific, ongoing investigation, they will be able to continue to do that. this is a ruling relating to eu member states, and we are leaving the eu, so what does that mean for this? there is an argument that the government could sit tight and defy the court for a couple of years. the government has said that while it is a member of the eu it will abide by the rules, but it will clearly strengthen the argument that says that we should be able to have the sort of regime in terms of countering crime and terrorism that we as a country want and should not be subject to these rulings in the european court of justice, although in this case it is a ruling which would still have to be considered in the british court of appeal. you can see argument o

being on the district court, since all of my colleagues have only had court of appeals experience, except for a elena and there have been three supreme court justices in the history of the court with this experience, i find it hard to understand how you can really case ifte the life of a you haven't really sat in the courtroom to see that case develop, to understand the dynamics that create a record. that create the discussions that end up coming before the court on appellate review. my judgment if i were ever privileged to be asked by a president what should he or she look for, i would say someone with district court experience. charlie: doing that you see not only the case, but you see the stories? justice sotomayor: the stories of the people. justice ginsburg: it helps to be a lawyer who knows the stories. who probably knows more about the case than the district judge. charlie: oh! [laughter] charlie: we have a debate going. i started outrg: my life in the law. as a clerk to a district judge. clerk in new york for two years. 59-61. justice sotomayor: do you see appellate practice as be

you go up to the court of appeals. you were not the lady of the man or -- lady of the manor anymore. you had to carry at least one of the minds to prevail. when i write for the court, it is never as if i were a clean slate. i have to take into account the views of my colleagues. ♪ ♪ charlie: how much do you think your life as a litigator, has influenced your sense of a -- as a supreme court justice? the historic role you have played. justice ginsburg: for one thing, i am sensitive to what it is like to be on the receiving end of questions. i had a fantastic fortune in that i was alive and a lawyer when the women's movement was revived in this country. what we were saying in the 70's, successfully winning case after case, the same thing women have said ever since abigail adams and even before, but society wasn't prepared to listen. in the 70's, society had already moved. the changes in the law were catching up to the changes that had already occurred in people's lives. so, to be able to advocate for that cause, to see re

it has to be returned to the court of appeal, which referred the case to the european court ofjustice it had more scrutiny than anything you‘ve had in a lengthy career because the ecj language is so interesting saying that this exceeds the limits of what is strictly necessary and cannot be considered to be justified, is strictly necessary and cannot be considered to bejustified, within a democratic society. well, they were talking about a different act of parliament. they were talking about an act of parliament that was passed ona an act of parliament that was passed on a temporary basis and which ceases to function at the end of this year. we have a new act of parliament and that new act of parliament and that new act of parliament in my view come prices with thisjudgment. parliament in my view come prices with this judgment. however... largely? i can't say 100%. the with this judgment. however... largely? i can't say 10096. the court of appeal will make its own judgment of appeal will make its own judgment of the advice given in this judgment, of the european court of justice, but w

court of. >> oh, what an interesting question. >> rose: tell me. >> well, i'm biased. i think being on the district court was. and since almost all of my colleagues have only had court of appeals experience, with the exception of one elana kagan who was never a judge, and there have only been three supreme court justices in the history of the court with district court experience. but i find it hard to understand how you can really appreciate the life of a case if you haven't really sat in a court room to see that case develop. and to understand the dynamics that create a record, that create the discussions that end up coming before the court on appellate review. in my judgement if i were ever privileged to be asked by a president what should he or she look for, i would probably say someone with district court experience. >> rose: because it-- doing that you get to see not only the case but you get to see the stories of the people who make up the stories that are in conflict. >> it helps to be a lawyer as sonia said who knows the stories. who probably knows more than the district judge. >> rose: we have a debate going. >> i should say, i started out my life in the law as a cler

a court of appeals ruled yesterday that the recount of presidential votes was unlawful, because it was requested by green party candidate jill stein. the court said stein is not "an aggrieved candidate", and with just one percent of michigan's vote ... she has no chance of winning. stein says her aim was to validate the integrity of the process and she will keep fighting. a family pet-- missing. the suspect that took it-- a wild animal. why police say coyotes are becoming more aggressive. new overnight... a massive dozens of people dead. we're taking a look at some of the destruction. new details this morning about the deadly warehouse fire in california. what officials believe may have sparked the blaze. time now 4:xx you're taking a live look outside this morning.. partly sunny with highs in the upper 20s but feeling like the teens all day. right now . when we get moves in wednesday. mostly cloudy, cold and blustery. highs in the upper 20s, with wind chills in the teens all day. a few flurries are possible thursday with a cold northwest wind. wind chills in the single digits all day

your honor it is woven into the criminal court of appeals decision. ne cannot look to the judgment until the use of current standards about the framework. >> i answer -- sorry to interrupt because essentially that the court of appeals said you are barred from using new standards you must use those that exist so they are the sides flipped of the same queen and prefect seeing their framing standards but you word just reflecting that we have a case and you have to use it. >> the question presented talks about current and but also she is so standards in asia isn't it? fuel think it bought an but first of all obsolete that question presented we would stand by it but instead negative acquired the use of 1992 standards. >> let me ask you in different terms. >> no with that wording. >> data know how you prevail on the question you presented. >> because your honor it talks about prohibiting. if your honor said can estate prohibit? >> what do you mean by prohibit? the of lower courts from using a standard different but then there are the additional consideration

and specifically today the trump team of lawyers filing a motion in a court of appeals court in michiganasically to expedite the process. we have that court document and basically asked for this pushed very quickly to the michigan supreme court of appeals where it is their hope that this will be killed essentially ending the recount in michigan. >> the michigan attorney general siding with trump. >> reporter: right. the attorney general earlier in the day in essence did the same thing the trump team did later in the day, filing this motion in the court af of appeals saying this needs to be pushed to the supreme court. and but a refulz to accept that state-verified result poses an expensive and risky threat to hard-working taxpayers and abuses the intent of the michigan law. and jill stein firing back really at both this morning but specifically to the attorney general saying that she believes this is a politically motivated attempt by the attorney general to side with donald trump. >> sunland, thank you. >> i want to go straight to jeffrey toobin, author of "too close to call" when peopl

a court of appeals ruled yesterday that the recount of presidential votes was unlawful, because it was requested by green party candidate not "an aggrieved candidate", and with just one percent of michigan's vote ... she has no chance of winning. stein says her aim was to validate the integrity of the process and she will keep fighting. time magazine has a new person of the year -- ahead who's on this years cover. mmm smells like chicken... details on the giveaway that's finger-lickin good. the ghost of christmas present is invading carl's live shots this morning. wakeup news. an occluded low over well to our northeast will move farther east today. on the western side of that low, we can expect a constant flow of colder air. highs today will be in the upper 20s but with a breeze at 10-15mph it will feel like the teens most of the afternoon. a disturbance rotating around that low will give us a few flurries tomorrow. winds will also be stronger creating even more bitter wind chills. our next chance of snow comes later saturday in to early sunday. there will be accumulation but it is far

the case was referred to the ec] by our court of appeal to get clarification on this point if law. ourt of appeal, i think that will be very difficult because the ec] judgment ta kes difficult because the ec] judgment takes precedence and they will be bound by that. what might be the better option for them, particularly at time of heightened terror threat, is to talk to the european partners and seek. this centres around a european directive which is prohibitive this mass collection of data, and to talk to those partners and see if they could get a directive which tighten things up and more accommodating to this broad retention of data. thank you. the church of england is to promote its second black bishop in 15 years. martin bashir has been looking at why there is not throw much diversity in the church of england clergy. the reverend tunde roberts has been leading a growing and diverse congregation for the last 17 years. and cannot understand why ethnic minorities can fill the pews and pulpits of the church of england, but not senior leadership positions. what is it about being a b

the case was referred to the ecj by our court of appeal to get clarification on this point of law. very difficult because the ecj judgment takes precedence and they will be bound by that. what might be the better option for them, particularly at the time of heightened terror threat, is to talk to their european is to talk to their european partners. this centres around a european directive which is prohibitive this mass collection of data, and to talk to those partners and see if they could get a directive which tighten things up and more accommodating to this broad retention of data. thank you. german police have launched a national manhunt for a tunisian man who is suspected of carrying out the attack in berlin. in london, extra security measures have been put in place including for the changing of the guard ceremony in buckingham palace. a royal marine serving life after being found guilty of murdering an injured afghan fighter has been refused bail perjuring further conviction challenge. hello, i'm susannah streeter with the business news. government borrowing fell in november t

court of appeals for the d.c. circuit, served as a legal adviser to the chairman of the u.s. international trade commission, and served in the office of legal counsel at the u.s. department of justice, where he worked on supreme court nominations, which we will desperately need now. we need you back there. thank you, james. thanks for moderating. thanks again for the panel. [ applause ] >> thank you, senator demint. your comments reminded me of something once said by chief justice john marshall, and he said, "the opinions of the united states supreme court should be understandable to the average educated america." and how many hundreds of years ago did the court abandon that rule? perhaps they abandoned it at the outset. we have a great all-star panel today, and i'll begin by introducing them. michael mukasey, served as the 81st attorney general of the united states, the chief law enforcement officer of the nation, an appointee of president bush. he served from november 2007 to january 2009. and during that time, he oversaw domestic international law. and prior to that, he pr

attorneys for brendan dassey -- featured in a netflix documentary filed a brief with the u-s court of appeals--they were in "making of a murderer" -- they're urging it to agree with a lower court's ruling that overturns his 2007 conviction in the death of theresa halbach.dassey and his uncle -- steven avery -- were convicted of killing her in 2005.in august, a federal constitutional rights were violated with a coerced confession...prosecutors have two weeks to fire raged in a milwaukee church early this morning. the congregation now left wondering where the next service will be held. the fire was reported this morning at the all saints fellowship church on the city's north side. the blaze left a gaping hole in the roof and in the community. the sweat and tears that went into building this place of worship, i'm words. just looking, i'm at a loss of words. the cause of the fire is still under investigation. damage is estimated at 100 thousand dollars. two juveniles are in very serious trouble, accused of starting the fires that have killed at least 14 people in the gatlinburg, tennessee area. t

court of justice seems to have backed that up. the government says it will fight this, the legal process will continue, it will go to the court of appealrd robust arguments to the court of appeal about the strength of its existing regime for communications data retention and access. now, the liberal democrats we re access. now, the liberal democrats were one of the parties who fought this through palm. their view, they have called it an orwellian nightmare which they say intrudes into people's privacy. it really is all about that balance, the police saying they need these power, they need to be able to keep people safe and so that is why they require companies to keep this information, other the other side there are those who say this is a general trawling for information, it is far too general, it is not specific enough, you need to have much morejudicial oversight before you can keep and look at this kind of information. we will have to see where the legal process ends. the home office has put out information saying it has used in information 95% of serious and organised crime investigations handled by the crown prosecution service.

hold of customer data for a laws.iolates the bloc's the suit will come back to the european court of appeals -- the court of appeals for final ruling. global news 24 hours a day powered by more than 2600 journalists and analysts in over 120 countries. i'm alisa parenti. this is bloomberg. mark: thanks. let's get to our team coverage of europe's troubled banks. shares of spanish banks tumbling today after the eu court ruled that lenders may have to get back billions of euros to mortgage customers. struggles continued in the italian banking sector. let's begin in spain, charles. what exactly did the court decide today? charles: the court decided that spanish bank have been charging spanish mortgage holders too much money for too long. that, in a nutshell, is it. it struck down the spanish argument that claims could only go back to 2013 and said they could be fully retroactive. mark: how well prepared, charles, is the spanish banking ?ector for this a number have taken provisions. not every bank is affected by this ruling. charles: spanish banks have made some preparation for this. but it is an

wanted to be excused would be the focus of those appeals where the judge had clerk and staffer speaking with the jury or instead of calling the jury or into open court where the judge and lawyers could question this perp. according to wall street journal, the jury or texts one of the staffer at 7:00 a.m. the day jury was left home early saying that the jury or wanted to be excused. we still don't know the reason why the jury or felt necessary to get off the panel and the entire 12-member jury did return guilty on all counts verdict at the end of the trial. it's interesting to see how different things could have been if the judge had swapped jury or in favor of alternate jury or, we could have been talking about a hung jury or or acquittal. at the end of the day the third court of appeals will decide if they get a new trial or gets thrown out. february 21st. they will probably get much less than that and u.s. attorney said he would be willing to let them stay out of jail while the appeal is going through the court. so for all updates on this case, follow me, the show at chasing news, friday is another big day for bridgegate in the municipal court mat

courts. there are dozens of district court vacancies, federal court of appeals vacancies. ese are courts that actually decide the vast majority of litigation in the united states. when we look ahead to the next four, possibly eight years, president trump is going to have a massive impact on the judiciary in the united states. >> and you'll remember throughout the election, the supreme court was a central part of president-elect trump's message and one his transition team to working hard to fulfill now. gregg? >> what is donald trump's timeline for these appointments? >> as for the vacancy on the supreme court, during the campaign mr. trump released this list of 21 individuals he said he'd choose from for his nominee. reince priebus has since said that that announcement will likely come around the inauguration, so in a few weeks. as for the more than 100 lower court vacancies, those nominations are typically headed up by the justice department and with the new administration coming in, those will take a little while longer to get together. with all of his judges, though, mr.

a court of appeals ruled presidential votes was unlawful, because it was requested by green party candidate jill stein. the court said stein is not "an aggrieved candidate", and with just one percent of michigan's vote ... she has no chance of winning. stein says her aim was to validate the integrity of the process and she will keep fighting. new information about the warehouse fire that killed 36 people in oakland... what may have caused the blaze. and a six-point-four magnitude earthquake hits indonesia this morning... the damager it left behind. plus... now donald trump has another title ... as he continues to build his administration. i'm joel waldman in washington coming up next." "i'm tom hooper, i'm katrina cravy, i'm jenna sachs. contact 6. 44 years, millions of dollars returned, hundreds of thousands of people helped. what does that add up to? contact 6. the milwaukee institution led by jenna sachs. she's here to help you and your family because you this morning, president-elect trump tacking on another title a month ago. meanwhile, he thanked voters in north carolina for throwing

you don't have to worry about that on the court of appeals. you do everything. susan swain: we are out of time. let's get some closing for the picture. for people that were from the -- for whom the supreme court, it is just an item in the newspaper, i wonder what you would like to say about this place, how it functions, what they really ought to know about the court. justice scalia: it is not a point distinctive to this court, but more general but applies to this court and all others. you really can't judge judges unless you know the materials that they are working with. you can't say, oh, this is a good decision. it was a good court simply because you liked the result. it seems to you, that the person who deserved to win, one. that is not the business judges are in. we do not sit here to make the law and decide who to win. we decide under the law the people have adopted. and very often, if you are a good judge, you don't really like the result you are reaching. you would rather that the other side one. it seems to you a foolish law. in this job, it is garbage in

new at 6:00, attorneys for convicted killer brendan dassey ask a federal appeals court to make sure their clien' the u.s. court of appeals will decide whether to uphold a district court judge's decision to throw out dassey's conviction and release him from prison. a court ordered dassey to stay behind bars pending the outcome of the appeal. the appeal could take months. dassey is currently serving life in prison for the 2005 murder of photographer teresa halbach in manitowoc county. kathy: new at 6:00, a warning tonight for milwaukee county residents. the county says someone has been calling residents over the past couple of days claiming to be a that person tells people they have missed jury duty and need to pay a fine or be arrested. one victim said they lost $1000 after being told to buy a pre-paid credit card and give the card number to the caller. the clerk of courts wants to remind people sheriff's deputies do not call people about jury duty. and, any jury summons would come in the mail. new tonight, milwaukee police are hoping someone will recognize the man seen on this surveillance video holding up a sout

court of appeals.ay about the president-elect's thinking which it comes to the united states supreme court? >> all conservatives and all people who we suspect might be against abortion rights. these are the -- the kind of things he's told us us, wolf. in the mold of antonin scalia. wants someone who would roll back abortion rights and send the matter to the states. and all three of these individuals are known for conservatism. one of them, you mentioned first, michigan justice joan larsen, was a scalia clerk, and right after his death on february 13th, she wrote a pretty compelling opinion piece talking about how closely aligned she was with justice scalia. the other two individuals, judge pryor and judge sykes, are both on appeals courts. judge pryor in alabama. judge sykes in wisconsin, and donald trump during the campaign singled out both of them. you know, it's interesting you talked about what a big decision this is. think of how different this is than these cabinet picks we're saturdaying to see,

the jury had ruled that samsung infringed on three iphone patents and now it holds back to the court of appeals to determine what portion of the samsung profits it must pay out to apple. >> if head phones is on your child's christmas list some are harmful to the hearing. a study suggests one in five teens suffer hearing loss and doctors are blaming the headphones. >> kids as young as seven would have had noise induced hearing loss listening to their headphones at full blast and you are talking about listening to a rock concert each day. >> too loud but i did like them. >> there is in governor weeing board that oversees headphone volume and if the volume is as loud as a blender it is okay and over, that it is not okay. a tech guy tested 30 headphones and the best rate ford children was right here. >> now, the accweather forecast with mike nicco. >> three chances of wet weather in the next seven days starting with this morning, a gorgeous morning, and check out this sunshine from our exploritorium camera. can you see it was muted with orange, a little bit of pink, and later in the morning we mad

of helping his uncle steven avery kill teresa hallbach. a district judge threw out that conviction -- saying dassey was coerced into confessing. but the state appealed that decision to the 7th circuit court of appeals. the new briefing outlines dassey's case. the state will respond in 2 weeks. three arrests have been mad connection with a fox lake woman's death. 36-year-old laverne ware junior is accused of hiding a corpse. his mother and her boyfriend are accused of aiding a felon. the dodge county sheriff's office says the victim is ware junior's girlfriend. according to court documents she was found dead in ware junior's pick up truck and there was a lot of blood in his garage. family members described their relationship as "volatile". coming up on wakeup -- what investigator believe could have started the deadly warehouse fire in california. plus -- dozens killed in an and an american is killed in a storm in australia. what an occluded low over well to our northeast will move farther east today. on the western side of that low, we can expect a constant flow of colder air. highs today will be in the upper 20s but with a breeze at 10-15mph it will feel like the teens most of the aftern

of helping his uncle steven avery kill teresa hallbach. a district judge threw out that conviction -- saying dassey was coerced into confessing. but the state appealed that decision to the 7th circuit court of appeals. today's briefing state will respond in 2 weeks. three arrests have been made in connection with a fox lake woman's death. 36-year-old laverne ware junior is accused of hiding a corpse. his mother and her boyfriend are accused of aiding a felon. the dodge county sheriff's office says the victim is ware junior's girlfriend. according to court documents she was found dead in ware junior's pick up truck and there was a lot of blood in his garage. family members described their a homicide suspect is taken into custody after a lengthy standoff on milwaukee's north side. this was the scene near 13th and burleigh this afternoon. m-p-d officers in protective gear and u-s marshals responded. police say it took two and half hours to coax the 19 year old suspect out of the home. theyre counting in the morning... in the evening... and up until midnight! waukesha county has been working round the clock - to finish its part of the statewide fox6s bret lemoine explains the important bench

endan dassey's attorney's re their latest brief with the u-s court of appeals. they want the appeals court to stick with the lower courts ruling that overturn murder of teresa halbach.the ruling would free dassey from prison. prosecutors have two weeks to respond with their own brief. two burlington teenagers are commit homicide. both are students at karcher middle school. one of them, a 15- year-old girlthe other, her -year-old boyfriend. the girl reportedly sent the boy a list of people she wanted him to llthe list included five students at the school... ?and? the girl's father. today... continuinghis thank you tour this morning... democrats are concerned because they say the new administration is stacked with former military leaders and millionaires like linda mcmahon. she will head the small business administration. but to put things in perspective... president obama and president bush actually appointed more generals in their terms than trump has so far. the presidential recount here in wisconsin is nearing completion... although the pete zervakis is live wi

the fact that he was the minister in charge of fighting tax fraud it will be difficult for a court of appealso reduce the sentence. genie: thank you for taking the time to speak to us. now to indonesia where the death toll is over 100 killed from the earthquake on wednesday. an lefts more have homeless and those still alive are desperate for basic needs like food and water. more on the rescue operations that are underway. >> climbing through the rubble of hundreds. this is rescue operations got underway after they were halted at night by heavy rain. in this footage, little was left of this town after a powerful earthquake struck on wednesday. local residents in the confusion after the natural disaster observed the damage. others searched for their loved ones amid the unbroken line of corpses on the road. elsewhere this hospitatal had rn out of space. survivors were treated wherever staff could find room. the red cross was quick to respond and deployed emergency teams and announced accounts for donations. this is not the first time the country has been hit by a quake. 2004 and earthquake cause

judge threw out that conviction -- saying dassey was coerced into confessi - and the 7th circuit court of appeals stayed the motion. the state has two weeks to respond to today's briefs from the attorneys. a sheboygan man is arrested-- accused of sexually assaulting a teenage girl. according to the criminal complaint, 19-year-old kenneth burnette-york had sex with a 16-year-old girl he met at a library. it allegedly happened just two weeks after being released from jail for a similar crime. in that case - burnette-york was out on bond for another case of exposing himself to a child. a not having contact with female minors without his probation agent's approval. a standoff blocks off a portion of burleigh street in milwaukee... and took several hours to resolve. milwaukee police were looking for a homicide suspect. and fortunately, it all ended peacefully. fox six's beverly taylor has more fro 13th and burleigh. it started about 11 a.m. passersby started gathering after noticing the commotion... a police barricade on burleigh between vehicle arrived... m.p.d. officers in protective gear, carrying

now we don't know yet it the problem is there's no court of appeal for this special tribunal . this is just once and forever. she stands convicted. there is no punishment. she could probably construe this as a minor case of negligence, this is not fraud, this is not something she did in bad faith. but still, she is convicted, and whether she can hold a position in washington, she will now need the council to think about that and also, of course, talk to her colleagues in washington and hear what they have to say. >> barbara wesel there on the guilty ruling against christine lagarde. thank you for filling us in. i will have more business for you in a few minutes, including help from the competition in the fiercely competitive airlines in germany. phil: thank you so much. let's see what is going on outside your window. we will start in poland, where journalists are not being allowed access to the lower house of parliament despite widespread protests over the government plans to limit the number of journalists allowed into parliament and banned them from taking photos. reporter: a

circuit court of appeals. r jerusalem could be recognized as the capital, that case is probably coming back and the nature of the judiciary impacts even issues like that. so you look at the ability to impact the court for generations, and donald trump, president-elect donald trump, that's what he has, as you know this, the fact of the matter is we're going to see -- we've got one vacancy now. a hypothetical vacancy. another one in a couple of years. >> and democrats upset about obama's nominee getting a vote. krauthammer saying he thinks that donald trump should pick a fight with this nominee and not trying to have some compromise pick. go hard right. show conservatives he's serious about tilting the court. >> i look at some of the nominees. bill pryor from the 11th circuit. dyan sanks. these are judges with a proven record and philosophy. first of all, we're replacing the late, great justice antonin scalia. it needs to be someone in that judicial mold. no need to compromise. you got to go full bore. we should

he was appointed to the first circuit court of appeals and he and was thears chief judge of that court. clinton tapped him to be a justice here and he turned out to be one of six people who, law clerk and a justice at this court. here, he said at the far end of the bench for 11 years. it was the second-longest time that anybody has sat as the most junior justice. more years had 11 and he has moved around on the bench. we are pleased to have him here tonight for this lecture. justice breyer. breyer: 11 days or something. i was thinking about asking --tice alito for not taking to not take the oath or 11 days so i could know down in history as a trivia question. if you ask anybody in public life, teaching, what is the most important thing we can do? it is helping the next generation and the generation after that understand history, in particular, constitutional history. i do that, when i have the chance. i'm going to texas and i will talk to three groups of students and i will put in you as a little note here because you gave us material and you explain to us how what we do and what this

of welcome's -- qualcomm's business. angie: we know they are appealing. what exactly is qualcomm saying? rosalind: they say they will seek a stay from the courtted unsupportable and it is going to appeal the decisions in the soeo ul high court. it's licensing business follows industry practices. the yuan is heading for the steepest slump in decades. bloomberg intelligence has looked at the likely impact. china's shopping habits and the prospect for overseas deals. eak yen would deftly have an impact. the chinese are more conscious about how they allocate that shopping budget. they are starting to see global retailers and brands opening shop in marketplaces such as alibaba. chinese shoppers can assess and buy these products online. we see investments in hotels specifically. that is going to continue through 2018. there are two types of key investments. one is the physical which generates that profits and a strong currency. , owning a rates flagship property. the second type of investment booking a global operator. they are capitalizing on the business have this that weathers through business cycles and that is what the chinese are looking for.

a lawsuit to technology that helps investigators trace bullet casings to specific guns, the court of appealsn fresno ruled that the manufacturer should be allowed to argue that complying with the state law requiring them to equip guns with identifying technology was impossible. the court in effect overturned a previous ruling and said the case back to a lower court for consideration, the law was signed in 2007 by then governor. arnold schwarzenegger . this was the first of its kind in the nation. >>> the bart board of directors awarded a huge over $200 million contract to seismically retrofit the tube that connects san francisco in the work will cause disruption. >>reporter: here in the bay 120 feet down, bart is planning to make the trans bay to safer in a major earthquake. >> we need to get it done before the earthquake happens if we can. >>reporter: disses the earthquake safety director. >> will put in interior liners to keep the water out to some extent and then we will enlarge the pumping system to control the water that does get in. >>reporter: to transmit tube was constructed in the l

appeal hearing next year. but the lord chiefjustice lord thomas said the practice of the court was a lwa ys said the practice ofin other words to speed them up rather than releasing on bail and he said despite the unprecedented nature of the case, the court could see no basis for departing from that practice. so bail was refused, and alexander blackman puzzling wife gave her reaction outside court. that statement contained some flash photography. we are also disappointed by the decision of the judge not to grant bail was afternoon. however we must remember that earlier this month the criminal cases review commission decided to refer the case back to the appeal courts. and this is the most important step towards getting this conviction and sentence overturned. we are grateful to the courts for expediting the appeal process. well he was convicted of murder in 2013, sentenced to life with a minimum term of ten years. the following yearan term of ten years. the following year an appeal against his conviction failed, though the minimum term was reduced to eight yea rs. minimum term was reduced to eight years. the ca

diane sikes on the 7th district court of appeals.husband charlie sikes is a conservative talk radio host in milwaukee who opposed donald trump. shannon. >> the watch is on. we wait for that.t.t.t.t. . >>> it's hard to believe but we are just about one week away from christmas and you know what would make a perfect gift for anyone on your list, megyn's new book, "settle for more." as several twitter and amazon users have suggested, elena gave it five stars and said really enjoyed this beak. now that i've read the book i plan to give it as a christmas present to the younger members of my family. life is long and complicated and hers is especially interesting. castle gave it five stars on amazon and added, good read. nothing but respect for megyn kelly. very empowering. it was better than i thought it would be. absolutely sending it as christmas gifts to all of the strong women in my life. amanda stoud said, couldn't wait for christmas so gifted myself with #"settle for more" as celebration of finals >>> welcome to "redeye." hello, i'm

court of appeals for the d.c. circuit, served as a legal adviser to the chairman of the u.s. international trade commission, and served in the office of legal counsel at the u.s. department of justice, where he worked on supreme court nominations, which we will desperately need now. we need you back there. thank you, james. thanks for moderating. thanks again for the panel. [ applause ] >> thank you, senator demint. your comments reminded me of something once said by chief justice john marshall, and he said, "the opinions of the united states supreme court should be understandable to the average educated america." and how many hundreds of years ago did the court abandon that rule? perhaps they abandoned it at the outset. we have a great all-star panel today, and i'll begin by introducing them. michael mukasey, served as the 81st attorney general of the united states, the chief law enforcement officer of the nation, an appointee of president bush. he served from november 2007 to january 2009. and during that time, he oversaw domestic international law. and prior to that, he pr

court. they have until the 14th of december to file a petition for rehearing with the court of appeal, which we don't expect, but we do expect an attempt to try to get the supreme court to take the case. but as director bohee indicated the project is moving forward, and we expect that permits and other activities to continue early next year. so that we can begin the project. >> okay. [ inaudible ] >> no, no, no. they have until january -- beginning the january, the mission bay alliance, to file a request toed to the supreme court to take the case. we expect that they will ask the supreme court to review the matter. we don't believe there are any grounds for the supreme court to take the case andment the supreme court has basically a couple of months and if in the unlikely event they were to take the case, it would be many more months' of litigation. >> the project moves forward in the meantime? >> yes. >> okay. next item, please. >> the next order of business is item 9, commissioners' questions and matters. administrate chair. madam chair. >> does any had a question or matter? commissioner p