to have douglas reargue along with giddeon. interestingly the theory of douglas about the right to council rests on equal protection notions where as giddeon rests on due process and startlingly the majority opinion in the douglas case does not site giddeon even though they came down on the same day. >> i gather that the decision in douglas was not unanimous. >> no. it was 6-3. just as he wrote a descending opinion it was perfectly fine not to have appointed council on appeal even though he agreed with the result in giddeon himself. his explanation is very puzz puzzling. i think whether they will have to appoint lawyers and that's one of the things they said. >> it brings us to another area of this decision. the decision does provide under certain circumstances and not under others. is there a reason for that? would anyone offer a view as to why someone who was facing a less serious sentence is not given court appointed council? >> i think the case was not where other penalties might be imposed or something like that. i think t

so there is much to talk about with today's panel, giddeon rose is the editor of foreign affairs, danhor of the foreign initiative and the staff writer at the atlantic. dan, i got to start with you, you are better plugged in with the congressional republicans than almost anyone. look at all the things that have happened and it does feel as though you're beginning to feel a republican revolt, that senators and congressmen, particularly republican congressmen, they cannot vote for trump. >> they always give the president, going back 40 years, they give the president some flexibility. >>> some sort of presidential waiver because he's in charge of foreign policy and you want to give the president flexibility to wave the sanctions or pull back from the sanctions, what the senator republicans said we don't trust you to run your own foreign policy with russia. so if the president wants to lift the sanctions, he has to go back to congress. it's in the legislation, nothing has ever been passed before that kind of restraint. trump started to talk about jeff sessions in the last few days and how

cases like america app versus ohio and giddeon versus -- we can see how president truman's appointment of clark, who's in the majority in these decisions also advanced the causes of racial justice. a hard or extreme case is a poor basis for a general rule to cover a wider range of less extreme cases. some might argue that dollree mapp's case, it was similar to police investigations in many major metropolitan areas, which is one reason why the court's decision had such an important and profound impact on police practices. mapp's personal story -- led to her arrest and a brief review of the state and federal court proceedings, in part two i'll discuss why -- and in part three i'll briefly touch on the political and the legal developments since this decision in 1961. mapp's story begins with a bombing of a home of a young don king which many may recognize as a flashy boxing promoter. in 1960, however, he was known to police as a clearinghouse operator who ran an illegal bombing operation. after the bombing mapp reached out to police with several suspects. and several days later, those tip