of appeal of the judge's ruling. i assume at some point they'll ask for a stay to temporarily stop the effectiveness ruling while they pursue their appeal in the d.c. court of appeals. whoever loses there i'm sure will go to the supreme court. remember how this got started. this was the house judiciary committee asking for don mcgahn's testimony about things that were raised in the mueller report. now obviously the impeachment inquiry has turned in a totally different direction. i'm not sure whether house judiciary still wants him to testify about that or whether they're going to ask him different questions if they have to issue a new subpoena. i don't know how that all plays out. it's certainly true that don mcgahn is not going to be testifying anywhere very soon while these appeals are still pending, assuming that the government gets a stay from either the judge or the court of appeals which i think would be likely. the reason i say that is because, this really is a very big deal ruling. it's about much more than just the contest between the democrats and congress and the republican president. it really goes to a fundamental question about whether the

court of federal claims and the ninth circuit court of appeals. c-span3, a senate judiciary subcommittee takes a look at cyber threats and preventing data breaches. that gets underway at 2:30 p.m. eastern. >> a three-judge panel ruled unanimously against president trump's efforts to keep certain financial records, including his

court of federal claims and the ninth circuit court of appeals. and on c-span3, a senate judiciary subcommittee takes a look at cyber threats and preventing data breaches. that gets underway at 2:30 p.m. eastern. >> georgetown law held the second annual ruth eight or ginsburg lecture with featured justice ginsburg, president bill clinton, and former secretary of state hillary clinton. they reflected on justice nomination and confirmation process, as well as her approach to the law. this is 90 minutes. law the dean of georgetown and it is a privilege to welcome you >> wow. i am the dean of georgetown law and it is a privilege to welcome you to the second annual ruth bader ginsburg lecture. the first lecture was held in april of 2018. our first speaker was justice ginsburg. it is a lecture series in which we honor distinguished leaders who is a champion for equality and human rights. privileged at georgetown to have such a wonderful bond with the justice. you might have seen her portrait as you were coming down into the amphitheater. was aloved husb

court of appeals for the d.c. circuit heard oral argument on how the documents are relevant to the ongoing impeachment inquiry. this is just under an hour and a half.

court of appeals and u.s. district court. re is the tale of a confirmation tape when they are confirmed. with these confirmations, trump's total will be 161, or 18.7% of the federal judiciary. at this point, chumps percentage is higher than obama and reagan, and below bush 43 and clinton. talking aboutlan the federal judiciary and the trump administration, appointing and confirming nominees. we go to patrick from virginia, democrat line. >> it is my understanding that the american bar association has great,ly given an f unqualified reveals, to several trump judicial nominees, yet they still get past. that usually, a senator from a state where a judges nominated from usually has to give their support to that judicial nominee. the has been several that have not had that. let'sthe 2020 election, say the democrats take back the senate and the white house. can they begin impeaching some of these unqualified conservative activist judges? that is my question. >> the color is right, there has been a small number of nominees that recei

>>> more from this forum on 100 years of supreme court clerkships. two u.s. court of appeals judges recount their time working as law clerks and analyze high court decisions. >> ladies and gentlemen -- in this rich and illuminating daylong discussion celebrating the 100th anniversary of the supreme court clerkships. once again, for nose who are just tuning in, i'm jeffrey rosen, head of the national constitution center in philadelphia and law professor here at george washington, university. the constitution center is so honored to convene former supreme court clerks to discuss how their clerkships influenced their lives and i am so honored and thrilled to sit here with two of america's greatest appellate judges, to distinguished legal intellectuals and jurists who i just had the pleasure of getting to know and discuss the law with at the constitution center and over the years. both were supreme court clerks. both are acclaimed across america for their opinions and their rigor and their approach to the constitution and i just can't wait to ask them how their clerkships influen

court of appeals for the d.c. circuit heard oral argument on how the documents are relevant to the ongoing impeachment inquiry. this is just under an hour and a half. >> [inaudible] u.s. house of representatives authorizes release of certain grand jury materials, united states house of representatives versus united states department of justice. u.s. department of justice, a lette letter-- >> good morning, your honor, may it please the court, i'm for the the department of justice. the district court in this case denies the government's request for appeal to this court for opportunity to review the important questions. the court denied that motion even though it clearly has the grand jury issues are disclosed they can't be undisclosed. the bell can't be unrung after the fact. the court denies that

court of appeals and u.s. district court. here's the tale of the confirmation tape when they are confirmed. with these confirmations trumps' judicial appointment total will be 161, or 18.7% of the life tenured federal judiciary. the previous five presidents appointed an average of 16.7% at this point. trump's percentage is higher than obama, bush 41, and reagan. and below bush 43 and clinton. we are with ed whelan talking about the federal judiciary and success rate of the trump administration in appointing -- confirming nominees. we go to patrick, woodbridge, virginia. democrats line. caller: good morning. it's my understandsing that the american bar association has basically given f grades or unqualified reviews to several of trump's judicial nominees. yet they still get passed. lso i'm also -- i also think that usually a senator from a state or a judge is nominated from usually has to give their support to that judicial nominee. there's been several that have not had that. after the 2020 election, let's say the democrats ta

court of federal claims and the ninth circuit court of appeals. c-span 3, the senate judiciary subcommittee takes a look at cyber threats and preventing data breaches. that gets underway at 2:30 p.m. eastern. c-span, supreme court justice ruth bader ginsburg in conversation with bill and hillary clinton. then president trump's rally in lexington, kentucky. that is followed by the second circuit court oral argument in trump versus vance regarding president trump's tax returns. held the second annual ruth bader ginsburg lecture with featured speakers justice jens berg -- justice ginsburg, former president bill clinton, and former secretary of state hillary clinton. they reflect it on justice ginsburg's nomination as well as her approach to the law. this is 90 minutes. [applause] >> wow. law the dean of georgetown and it is a privilege to welcome you to the second annual ruth bader ginsburg lecture. the first lecture was held in april of 2018. our first speaker was justice ginsburg. it

court of appeals judge for the second circuit. our live coverage of the senate continues when senators return. sunday night at book tv on afterwards, former speaker of the house newt gingrich, with his latest book trump versus china. i don't say the chinese have any great planning and certainly in the next 20 to 25 years, to troy to take us on militarily and in a traditional sense. but i do say they're trying to build the dive boat cyber capabilities and i say this is part of work while weight is an extraordinary national asset to them. i say they are trying to build capability in space both of which have global implications screaming minute teen easter, journalism professor, talks about her new book, diversity inc. screaming what i'm not optimistic about is white america's ability to see past the fiction of african-americans and let next people, the centuries old demeaning images. the people in and that has much to do with the lack of diversity. >> watch book tv every weekend on c-span. cspan2 . r, we are making it easier for you

now this court of appeals has reinstatedded her claim. basically the city was saying she missed her opportunity, she needed to have made her claim within a year of the discrimination or the disparate treatment. and the court of appeals basically said every month that we send out a paycheck restarts that one year statute of limitations. and so they reinstatedded her claim against the city. we have not estimated what the potential cost. we don't know what the remedy would be. the charter provision is the charter provision. we calculate benefits according to that. but i would be happy to answer any questions the board might have on this item. >> board questions? >> i have a few questions. thanks for telling us about this case. since the name porter is on here and i see the city is listed as defendant, that means the city not the retirement system? >> absolutely >> in terms of any damages are we going to be liable for that or will the city pay? >> i think she's suing the city so she would seek damages. and i don't know that the court would awa

the reason was the court of appeals had decided the webster decision, the court of appeals generally, inand a presidential election, the sortion issue helps decide that the pro-life or anti-choice when theis stronger pro-choice people feel totally secure, then they can find some other reason to vote against you. the reverse is also true. election, i was one of the first democrats, pro-choice democrats to run since roe v. wade who benefited from roe v. wade. the decision frightened the other side. she knew this perfectly well. there was a lot of pressure to ,ake sure i appointed someone which i had set i thought was important. but i was factoring in either an article i had read or something i had read on justice ginsberg saying that she supported the result in roe v. wade, but it should have been decided under the equal protection clause, not the right to privacy. i asked her the question entry talked about it as if it was any other issue, this is what i think, and she made a heck case. -- heck of a case. i said, you know, this is washington. everything leaks. everything is in the medi

court of appeals for the d.c.it judge heard oral argument on how the documents the ongoing to impeachment inquiry. this is just under 1.5 hours. 55.88, a petition on the

court of appeals for the third circuit. gretchen rubin clerked for justice o'connor. she is the author of many best-selling books. if he listed them all we had be here for a while. host of the happier podcast and creator of an app called better, which i'm excited to learn more about. and finally, clerked for justice bryer. time working as an ausa. he headed the major investigations unit in baltimore. served as the deputy attorney general of maryland. he is now a partner at dla piper and a candidate for the mayor of the city of baltimore. so thank you all very much for joining. today we are going to be discussing life after clerking. in some ways this a strange topic because every clerk has had a life after clerking. and their paths encompas every field of government, every peeled of practice, extended far beyond the law. in other words, they are just like you. at the risk of fighting the premise of this panel, there is something to be said for the fact that scotus clerks are just like all over law school graduates. they often come to the court early in their careers. t

for him she also clerked on the court of appeals for the tenth circuit. so i thought we would start today at beginning and talk a little bit about the experience of interviewing for a supreme court clerkship and getting hired. so i think i'll start at the far end with jane, our most recent clerk and therefore presumably has the best memories of getting hired. obviously getting hired by justice gorsuch was a little bit unusual since you worked for him on the court of appeals, but maybe you could tell us about gettinging hired first by justice sotomayor. >> the second time around, it was a phone call. a lot easier, no interview. so the first time around, it was, many people apply to the clerkship. but i didn't think i had the background, the grades so i went on to a law firm. it was f the law firm then judge gorsuch called me once a week. he was like get your application into the court. and so i stuff. resume writing samples and the like and you send it to all justices across the board. and then i just remember being sort of stunned the day that i got a phon

eastern to consider judicial nominations for the 11th circuit court of appeals and on c-span 3, the impeachment inquiry continues with two public hearings. the u.s. ambassador to the european union gets underway at 9:00 a.m. eastern and then later in the day at 2:30, the committee hears from the deputy secretary of defense. ♪ announcer: c-span's washington journal. live every day with news and policy issues that impact you. coming up tomorrow morning we are getting reaction to testimony in this week's impeachment hearings. be sure to watch c-span's washington journal live at 7:00 eastern wednesday morning. earlier today, the house intelligence committee held its third open hearing on the impeachment inquiry against president trump. lawmakers heard testimony from lieutenant colonel alexander vindman, and jennifer williams, russia and europe adviser to vice president pence.

court of federal claims and the ninth circuit court of appeals. a senate judiciary subcommittee takes a look at cyber threats and preventing data breaches. that gets underway at 2:30 p.m. eastern. >> earlier today, the chair of the house intelligence committee, adam schiff, spoke to reporters about the impeachment inquiry. he discussed the release of the first transcripts from the closed-door depositions and said the foreign administrations who failed to appear before the committee would be considered further evidence of the white house obstructing congress in its impeachment probe. from the capital, this is 15 minutes. >> good morning. today we have scheduled depositions where the top lawyer from the national security counc chair schiff: good morning. today, we had additional scheduled depositions with the top lawyer for the natnal security council, as well as mr. blair from the office of management and budget. mulvaneyf them defied congressional subpoenas and refused to appear for scheduled depositions as has been the case with other witnesses wh

still on behalf of the president assert executive privilege. >> sow believe that the supreme court will want to rule in on this in effect regardless of what happens in the court of appeals? >> well, so, you know, this decision that came out yesterday, it's a trial court decision. it's essentially the same as the trial court decision on a similar case during the bush administration. and normally, these things aren't appeal. they're worked out between congress and the president. you know, here it doesn't seem like either side is looking to compromise very much. so you know, it is a crucial, a crucial question and, you know, if it continues to get litigated, it is something that the supreme court i think would look at. one other thing to keep in mind, though, is that there is a timing issue. there is an argument that the subpoena that was issued to don mcgahn actually expires in january of 2021. it becomes moot. and so there is a timing issue to try to get it litigated all the way to the supreme court by then. >> i understand this from a legal perspective, i understand you say the courts obviously have to decide this balance of power between the branches. how is it a balan

court of appeals for the 11th circuit. live coverage of the senate when they start up again here in a few moments on c-span2. quick reminder about our live coverage of the house intelligence committee impeachment inquiry proceeds against president trump, the committee in a break for lunch and they started this morning at 9:00 a.m. with the first of two hearings happening today. committee members heard testimony from national city council european affairs director of senate lieutenant colonel and jennifer williams who was an aide to vice president mike pence. they are expected to reconvene at 2:30 p.m. eastern and we will hear from kurt voelker, special envoy to ukraine in timothy morrison initial socratic counsel director for russia. you can watch live coverage of the impeachment inquiry hearings on c-span3 and online@c-span .org, also listen with the free c-span radio app. the senate about to reconvene here and we will have live coverage. now live to the senate. vote:

she came from the state court of appeals and she did not have a lot of experience in federal or constitutional law. in the court was hearing 150 cases a year, now they hear about 75. we were doing the third pool memos, she wanted every case to have a bench brief and we were doing the opinions. it was a punishing schedule, maybe you remember, the computer was only up until midnight and 10:00 to 10:00 on weekends. we were there every second the computer was up. so we would write our bench memos and we were expected to read each other's bench memos for maybe 10 cases on friday night, we would get together on saturday morning and the justices would make her three alarm tacos or chili. i'm a girl from new jersey, i did not know i was like what is this. >> was it really spicy? >> it was good, once you got past the horridness for some people. >> it was not the tacos that were hot. >> i was usually in the hot seat. the justice, in my experience, tended to hire someone who was a liberal, a real conservative, and i think it was somewhat intentional, and two people in between. i was the liberal and i sha

court of appeals. arrived, justice kennedy quickly adopted me. he treated me every bit a member of his own law clerk family. it began when the justice asked us to come out to his home to discuss the first set of cases. his only instruction was to bring the whiteboard, so we checked out in a clunker of a car with a whiteboard in the trunk and we spent the whole day debating cases and covering the board with arguments in the justice's basement. from that moment to the end of the year, i witnessed a gentle ,an, who never raised his voice who treated every lawyer before him in the courtroom and every person he encountered in the hall as he would wish to be treated. he afforded each case the most care as the most important. career, justice kennedy encountered many of the issues clerks faced for the first time. even in the easiest cases, he would follow the judicial process from start to finish. he treated every case the same. he read all of the mountain of briefs, which he liked to tease me about, now having to read myself. he would listen to the parti

court of federal claims and the ninth circuit court of appeals. c-span3, a senate judiciary subcommittee takes a look at cyber threats and preventing data breaches. that gets underway at 2:30 p.m. eastern. president trump held a campaign rally in lexington, kentucky, one day ahead of elections in that state. he was joined onstage by a number of republican candidates, including kentucky governor matt bevin, senate majority leader mitch mcconnell, as well as senator rand paul, who spoke briefly. ♪ ♪ ♪ to be an american where at least i know i'm free ♪ gentlemen, it is indeed my honor to introduce to 41st president of the j. trump.tes, donald no doubt i love god bless the u.s.a. ♪ ♪ from the lakes of minnesota, ♪ the hills of tennessee ♪ across the plains of texas sea to shining sea ♪ down to houston, and new york to l.a. ♪ ♪ the pride in every kentucky we stand ands time say ♪ >> sing it! ♪ that i'm proud to be an least i know at i'm free ♪ ♪ and i won't forget the men gave that right to me ♪ gladly stand up next to still today ♪ her ♪ because there

of you, on one condition. that you do everything to preserve and protect them. with love, california. >>> prosecutors are one very big step closer to donald trump's tax returns tonight. a federal appeals courtesident trump's accounting firm must turn over eight years of his personal and corporate tax returns to manhattan prosecutors. donald trump's attorneys have argued that as president, he is completely immune not only from criminal prosecution, but from investigations. in the opinion today written by robert katzmann, the chief jeff of the second court of appeals, the court said we are not faced with the president's arrest or imprisonment or with an order compelling him to attend court at a particular time or place or indeed, an order that compels the president himself to do anything. the subpoena at issue is directed not to the president but to his accountants. compliance does not require the president to do anything at all." the president's lawyer announced they will appeal the case to the united states supreme court. constitutional law professor laurence tribe is back with us. professor tribe, one thing i've been struck by in this case is the speed. this is really showing swift justice

and we g go to texas, where the texas court of criminal appeals has halted the execution of rodney reed who was scheduled to die wednesday. we will speak to rodney's family and lawyer. all that and more, coming up. welcome to democracy now!, democracynow.org, the war and peace report. i'm amy goodman. in bolivia, at least 23 people have died amidst escalating violence since president evo morales resigned at the demand of the military last week, in what he and many others have called a military coup. in cochabamba, military forces opened fire on indigenous pro-morales demonstrators friday, killing at least ninine people and injuring more than 100. the violence began soon after thousands of indigenous coca leaf growers and others gathered for a peaceful march in the town of sacaba. the massacre came one day after self-proclaimed president jeanine anez issued a decree protecting the military from prosecution for violent acts. protesters are demanding she step down. we will have more on the crisis in bolivia later in the broadcast. an unprecedented leak of secret intelligence documents from

as i read the reports his case went to the court of appeal and changed to a determinant sentence, fixedwas then released automatically halfway through his adult sentence, like most adults are. there are only a few exceptions to that rule. the law has workers parliament prescribed. parliament set out these rules and everything went as it was required to do so. itjust goes to show perhaps, if the reports are right, that he was adhering to all his license conditions and had permission to be where he was, it goes to show how hard it is to actually make sure people do not reoffend unless you have really change their mindset and you have an opportunity to do that when somebody is in prison and you have an opportunity to do that afterwards if you put resources into making sure that people learn lessons and do not return to offending. it is across all crime, however. wouldn't part of this also go right back to the first point of the sentencing process. as i understand it, judges will receive a report from probation and that is taken into consideration when handing down a sentence and at that po

as i read the reports in the press, his case went to the court of appeal and it was changed to a fixed at halfway through his adult sentence, as most adults are. there are only a few exceptions to that general rule. so the law hasn't worked as parliament prescribed. parliament has set out these rules, and everything went as it was required to do so. itjust goes to show, perhaps, if the reports are right that he was adhering to all of his licence conditions, had permission to be where he was an so on, it goes to show how hard it is to actually make sure people don't reoffend unless you have really changed their mind set, and you've got an opportunity to do that when someone is in prison and afterwards if you put the resources into making sure that people learn lessons and don't go back to offending. it is across all crime, though. wouldn't part of this also go right back to the first point of the sentencing process? as i understand it, judges will receive a report from probation, and that is taken into consideration when handing down a sentence. and it's at that point that the judge wil

here we are. >> you can see that in the court of appeals decision the idea that race couldn't have been some sort of consideration that has no ultimate effect. >> it's true it wouldn't be a consideration if the applicant was not a white person if the applicant is a black person it could be. so this says that you should treat a white person and a black person alike. if it really does make a difference that i'm stuck on both of those points. >> if it really does then you have the but/for causation. >> even though a black person and a white person would not be treated that way. >> on that separate question the statute does not say everybody has to be treated alike for all purposes. it says everybody regardless of race has the same right to enter a contract. we certainly agree any consideration of race has no role in private conduct this is made clear with.domino's pizza. >> where the complaint goes out of the way to refute itself we don't know if this is one of them where the rubber meets the road to be a summary judgment. >> do you agree in this case that we should vacate and not resolve

judge marrero wrote a brilliant decision, making it very easy for the court of appeals to reject thes lawyers that just being president means you can't be investigated, even for your tax violations, your criminal activity when a grand jury, a state grand jury is investigating the matter. it was an extreme position, and the court of appeals rendered so narrow a ruling that there is no basis at all for the u.s. supreme court to disagree. i think it will not take much time for the supreme court to toss this case out, although courts do not always act as swiftly as the federal courts in new york have acted. so i think the key thing to remember is that nothing about the impeachment proceedings needs to await the judicial rulings. these tax returns will come out, whether they come out before or after the president is impeached is almost a sideline, not a matter of great significance. >> i know that judge katzmann's ruling was very narrow, and he emphasized that. he actually used the word "narrow" in describing it. >> right. >> isn't that a judicial strategy when you're handing it to the co

yesterday, a federal court -- appeals court ruled that congress can seek eight years of the president's tax returns. no doubt, the president will appeal the ruling to the supreme court in an effort to keep hidden what the president has been hiding for as long as he's been in public life, his tax returns. why the president has engaged in such an astounding breach of transparency is still unknown. president trump, what are you hiding? the d.c. circuit's decision in an 8-3 ruling was clearly the correct legal result. it should be upheld. on farmers and veterans, last but not least. president trump has long fashioned himself a champion of everyday americans. workers, farmers, veterans. this week has been a grim reminder that despite the president's promises, his administration almost every week undermines the very people he claims to champion. take our veterans who serve as we commemorated earlier this week on veterans day. the department of veterans' affairs decided in 2017 to help vietnam-era veterans who were exposed to agent orange by expanding the list of diseases that were eligible fo

. >> reporter: the restoration of the court of appealing of the sistine chapel, for example, was often the subject of sometimes angry debate. some claim michelangelo's frescos were restored too much, but in the end the hope of almost any artist is that their work stands the test of time and the science of conservation is and has always been the art of keeping time at bay. >> the "cbs overnight news" will be right back. >>> well, we end tonight with the story of a dying man in georgia who thought all hope was lost. that is until he met a nurse who helped him find a new heart and then filled it with love. here is steve hartman "on the road". >> reporter: during her 35 years as a nurse, laurie wood has been a hero, many times over. >> beat sweetie, i'm going take temperature. you've saved lives before. >> yes. >> reporter: but never like this? >> no. >> i wouldn't even be here today if it wasn't for her. >> reporter: when jonathan pinkard met laurie, he was homeless. >> staying in my car. >> reporter: jonathan was autist autistic. he was raised by his grandma, but she died a few years ago

court of federal claims and the ninth circuit court of appeals. a senate judiciary subcommittee takes a look at cyber threats and preventing data breaches. that gets underway at 2:30 p.m. eastern. >> earlier today, the chair of the house intelligence committee, adam schiff, spoke to reporters about the impeachment inquiry. he discussed the release of the first transcripts from the closed-door depositions and said the foreign administrations who failed to appear before the committee would be considered further evidence of the white house obstructing congress in its impeachment probe. from the capital, this is 15 minutes. >> good morning.

court of federal claims and the ninth circuit court of appeals.-span3, a senate judiciary subcommittee takes a look at cyber threats and preventing data breaches. that gets underway at 2:30 p.m. eastern. president trump held a campaign rally in lexington, kentucky, one day ahead of elections in that state. he was joined onstage

court of appeals. isot of what the court does really just do that, major there is uniformity in the way that federal law is interpreted and that federal law is applied. and there are also cases where we take ones that are important. anytime a lower court invalidates, for example, a federal statute unconstitutional grounds, we take that case if there ishink something that congress has done that's getting invalidated by a court, it should be us. it should be the top court. sometimes, we will take cases just because we know we will have to deal with them at some point. it's the kind of case that affects too many people for the supreme court not to resolve a question about it and so we will do it. >> you ever not take a case because it's too hot to handle politically? >> not in that sense. i think there are sometimes prudential reasons for saying let's not take this now, we've just handled several cases on the same subject. we should see how that plays out. there are verynk often or times when we are scared

court of appeals for the d.c. circuit. and back to public safety worked under president reagan on the domestic policy staff and assistant attorney general for office of legal counsel and then deputy attorney general. and finally as the 77 attorney general under the first president bush. in the private sector he was a partner in the law firm of shaw pittman, and later kirkley and ellis, and he's after his service as attorney general the first time he served as executive vice president of general counsel a first gte and then verizon. he is one of only two black people in history of the country to serve the country twice as attorney general. it's my honor to present the 82nd attorney general of the united states, william barr. [applause] >> thank you. thank you very much. thank you very much. it's a real honor for me to be here tonight and to join with all of you. i appreciate you all been here, and it's a particular honor for me to join all the very distinguished lawyers in this room, and thank you for the introduction but i

but what happened in 2013, a year after the original sentencing, was that the court of appeal actually, from an indeterminate one, where the parole board would be involved and make that determination themselves about release, to a determinant sentence, a fixed sentence, and that was a sentence that was 16 years, so there was a release point halfway at eight yea rs. was a release point halfway at eight years. and that is what happens in oui’ years. and that is what happens in our system with determinate sentences, there is effectively a halfway point where the sentence converts from one which is self behind bars to one which is served out on licence. always, that is a lwa ys out on licence. always, that is always the case? effectively. your sentence continues, but there are licence conditions that are often imposed and a licence period takes place for the rest of the sentence. now, what has happened here is that this individual committed these terrible atrocities yesterday, he had that determinate sentence, so at half time, effectively, he was released without there being any interventi

of executive power. we think those are not article three cases. many other cases pending in district court and in the courts of appeal, but we do think there are article three problems with the house of representatives trying to create controversies in the federal court. we have not advance that argument here. i agree the court would decide, if it thinks there is a serious question there, and perhaps that is just another case for appeal. now, i do want to finish the thought. i am not aware of any case, any case, in which the court has held that a need to see all relevant evidence or the complete story or to investigate fully -- from the district court opinion. there has been a showing under a rule. there is just none. now, the argument is that is basically not fair to them because how are we supposed to know with the impeachment proceeding, how should they know what to look for? but there is the premise about whether they are in the right rules at all. as explained, the judicial proceeding in the sense of rules is a proceeding in front of the court. federal court, state, or local court. judge rogers: in your view then, for the committee to have a , th

of executive power. we think those are not article iii cases, that's not this case. that's many other cases pending in the district court and court of appeal. we do think there are article iii problems with the house of representatives trying to create cases were controversies in the federal court. we have not advanced that argument here. i agree the court would need to decide, if the thinks there's a serious question there. that's just another reason to grant stay. now, i do want to finish the thought on particularized need. i'm not aware of any case, any case in which the court has held that a stated need to sell all relevant evidence or to complete the story or to investigate it fully from the district court opinion. there's been an adequate showing under rule 6(e). it just is not. now, i think the committees argument is it's not fair to them because how are they supposed to there's an pico proceeding their supposed be conducting an investigation, , w would they know what to look for? but there is a a premise about whether they're in the right docket of rules of 6(e) at all. as we explained, a judicial proceeding in the sense of rules 6

in paris, a court of appeals has delivered a ruling on --, which was accused of dealing with terroristroups. remain underoes investigigation for payiying the likes of the islamic state g grp for protection. they are suspected of selling cement from the plant to jihadists. extraordinary potential charges. it would have been a legal first here. the company r rolling is going o come as a bit of a disappointment. undoubtedlyn was complicated, but even early on, it was obvious the likes of al-nusra and the islamic state were unsafe. if you were doing business with them, you are guilty of their crimeses against humanity. multi-faceted case. remind us of the scandal we are talking about. on a plan in northern syria. the went on there, operations continued at a time when the country was descending into civil war. when the north of the country was being overrunun. the allegation is to buy protection, these and asroups were paid such, were guilty of financing terrorism and endangering the lives of their staff. the staff was evacuated as early as 2012. own internal report has never denied payment

court of federal claims and the ninth circuit court of appeals. and on c-span3, a senate judiciary subcommittee takes a look at cyberthreats and preventing data breaches. that gets underway at 2:30 p.m. eastern. coming up in an hour -- former florida congressman bill mccollum, one of the managers during president clinton's impeachment, discusses the politics of presidential impeachments. at 8:30, former clinton administration national ecurity official nancy soderberg of the implications of the ukraine phone call. and at 9:00 a.m., fix the court executive director gain roth discusses roth discusses public opinion of the u.s. supreme court. ♪ is tuesday, november 5, 2019, election day in five states and one year until the 2020 presidential election. good morning and welcome to "washington journal." we will spend the first hour talking about your candidate, the top issues, and the trends you are seeing. here is how to be a part of it, if you are a8000 democrat. republicans use 202-748-8001. for democrats -- for independents and others, 202-748-8002.

when i got my first good job and was appointed to the court of appeals. the chair of the judiciary committee and the ranking minority member -- those to work together when or well qualified judges to the federal court. here is the same thing in 1993 when i was nominated and then senator joe biden was part of the committee as the ranking minority member on that judiciary committee as a previous supporter. the way they hope i will see again in my lifetime was for people that really care about the economy to say, enough of this dissension we need to do the work. >> we are about done. i don't know whether the justices can do anything or we've spoken about it. is there anything that as citizens we can do to get people to be more decent and civil? >> it's not just that it speaking out publicly about it and if politicians here the outcry they often mostly do but we have to educate the public to see judges as partisan people in terms of our institution and when i look at the news i really don't hear a lot of intelligent conversation explaining those issues as a no

court of appeals of the d.c. heard all argument on how the documents are relevant to the ongoing impeachment inquiry. this is just under one hour and a half. application of the committee on the judiciary, u.s. house of

lawmakers will be back at 2:15 eastern to vote on two judicial nominations for the us court of appeals for the 11th circuit. when the senate gavels back in you can see live coverage right here on cspan2. en c-span3 live coverage of the house intelligence committee impeachment inquiry seedings. the committee holding two hearings with testimony from national security council european affairs director colonel alexander vindman and jennifer williams, an aide to vice president mike pence. lawmakers will hear from kurt volker and tim morrison, national security to route director for russia. watch live coverage of the impeachment inquiry hearings on c-span3 and live at c-span.org. over the weekend, former massachusetts governor deval patrick spoke at an event in las vegas hosted by the nevada democratic party. this was mister patrick's first major speech since announcing his candidacy for president. prior to the event he spoke with recruiters about his campaign strategy and his position on various policy issues. >> hi everybody. i said it right, please make notes. this is i think the fourth,

court of appeals >> the us court of appeals for the dc circuit issued an administrative staff a lowerrt's ruling ordering don mcgann to appear before congress. the court says it will continue issuing a longer stay, several arguments for hearing january 3rd. a federal judge ruled monday he would have to appear before congress in response to a subpoena rejecting the trump administration's argument that absolute immunity shielded top aides from congressional questioning. congressional lawmakers are back home for the holidays. when they return to washington next week impeachment will be the big issue. let's get some perspective on that tonight. bret baer spoke with west virginia republican senator shelley capital earlier this week. >> reporter: thanks for being here. obviously the focus in washington has been and will likely be for the next few weeks at least impeachment and it seems like it is heading towards your side of the capital with you as a juror. as you sit here tonight having watched what you have watched how do you see this? >> i see it as a political blunt instrument, that it