- aaron burr. - why? - because i don't think he ever did anything wrong. and i think he's- - go on. - no, he was a very remarkable man. and he said things that were adorable. like he once said to a bunch of lawyers, "never write anything down because someday someone may read it." and i think that's great. - but at the time that aaron burr shot alexander hamilton, he was widely reviled. - no. - do you feel drawn towards characters in history who are misunderstood or who deserve a more nuanced- - i was gonna teach a class once in misguided heroes, people who were interpreted as villains and who did not deserve it. and at that time, aaron burr was the top of that list. but there were others. and warren harding is one. and herbert hoover was another. and seriously, there are lots of heroes who aren't or shouldn't be. and we've done our level best to either confuse ourselves with history or just hope that no one notices how badly we teach it. - well, you have been warning americans for more than two decades about our failure to teach the next generation civics.

but he hated aaron burr.lly what happens is hamilton, he was the first treasury -- he turned tide by lobbying his fellow federalists to throw their support to jefferson, a couple years later, the famous duel between aaron burr and h hamilton, that seemings more contention than what took place on january 6, 1824, a doozy, 4 candidates, all the federalist party, had dissolved they were democrat republicans. and there was andrew jackson, you might recall, hero of the war of 1812, he won the popular vote by fewer than 39,000 votes, captured 99 electoral votes, secretary of state john quincy adams, he took 84 electoral votes came in second. 41 votes, for william crawford, treasury secretary, and 37 or house speaker henry clay, no candidate earned a majority electoral votes, election to house of representatives clay was, l eliminated. high of lowest vote -- he was lowest vote getter, ar a month of back and forth it won't on and on, henry clay supporters put their weight behind john quincy adams, he had fewer votes

a trial of aaron burr for treason.n against the government of the united states. john marshall opened that trial 214 years ago today. it wasn't televised but that's because if memory serves, television hadn't been invented in 1807. we don't have excuse now. we've got television. we could have live coverage. the country and the world could see this most fundamental trial of the ma el len area. >> tv cameras are not allowed in federal trials as of now. let's see if that ever changes. >> nothing inevitable. >> i would certainly like to see cameras inside so the whole country, the whole world could see that trial. but as of now, no cameras, tv cameras are allowed inside. how big of a test, professor s this for america's judiciary and for the rule of law? >> well it's a very important test. the rule of law looks like it will prevail. but the rule of law is subordinate to the rule of politics. and even though the former president tried unsuccessfully to overturn the election, he might succeed this time in becoming president

we did see vice president aaron burr was actually indicted. so there, there is some precedent for indictment of sitting officials even, but this is like, unlike any thing that we have ever seen before, and that's why it is such a spectacle here in washington dc with so many people out and in the front page coverage. because it is such an amazing and, and really sad day, i mean american democracy was at risk in a way that it never has been before. we've always had peaceful transitions of power . and this is the 1st time anyone who was ever elected president tried to undermine the election results and stop at a opponent from taking office. and you know, the closest thing we had to a situation where that could have happened was, i mean 2000 with al gore and george bush and al gore went quietly and he said, how critical the peaceful transition to power was. he made speeches about it, and here mr. trump wanted to stay in power, no matter what. and did you matter that he lost? no. any thanks so much for joining his live here outside the federal cour

the closest analog in history is the treason retire of aaron burr where jefferson is indicting his formern effort to question the legitimacy of the entire process. alexander hamilton says, this is the fulfillment of our fears, that a demagogue might subvert the american public. when a man is seen to mount the hobby horse of popularity, he may ride the storm and direct the whirlwind. burr is acquitted on the technical claim that the treason requirements weren't met, and jefferson accepts the verdict. what's important for the country is republicans and democrats accept the legitimacy of this proceeding and not attack it, not call it nazi germany or a sham indictment, because if our institutions fail and if both sides don't embrace the rule of law itself, then we may see a tragic rupture of the american institutions of democracy, much as was narrowly averted in the 1800s. the stakes could not be higher that the the historic moment. >> if republicans actually turn this proceeding and say it's a sham proceeding and turn against the rule of law, it's going to be difficult for american governmen