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welcome back America professor John you these these decisions against Trump do have consequences for future presidents and ex-presidents which is my point let me ask you on the civil side the court is basically thrown open the door in many respects they've allowed people to sue Donald Trump over January 6th police officers and others who claim injury as a result of his alleged actions or lack of actions so my question to you is this the federal immigration laws are very specific about what shouldn't shouldn't be done my orcas has been impeached they've laid out a pretty strong case when you read these articles they've issued executive orders they've done all these things and people are being damaged people are dying from the drugs coming across their properties are being damaged people are being raped and brutalized and god knows what does this not at least open the door to lawyers to push the argument that wait a minute you ruled in Washington DC that a president could be sued civilly for conduct or actions that rationally follow from his decisions or lack of decisions doesn't that like spring opened thousands of doors for possible litigation and mark you still got that litigator mindset in your head I think that's exactly right if the Supreme Court is going to start undermining the principle of presidential immunity as it the lower courts are doing the DC circuit then eventually you are going to see more lawsuits not just against a Donald Trump you're gonna see them against a Barack Obama or against a Joe Biden because the whole point of immunity was to make sure the presidents could reach policy decisions without constantly having to worry about being lawsuit about by soon we want them to make the decisions that are best for the country and not just best for their personal legal liabilities but if the DC circuit and ultimately the Supreme Court I think start to question the immunity that presidents have as you say the January 6 trials by the police officers for example who were harmed in the riot then that's going to bring that doctrine and protection for presidents into doubt and there's no reason why President Biden then would be immune when Donald Trump is not one of the other things that seems to be a common thread in these cases particularly at the federal level is the rush to judgment the cutting corners on appeal the cutting corners on the right to even bring an appeal you see that at the DC circuit with the three judge panel said oh by the way you don't appeal here and you have seven days to appeal to the Supreme Court I can tell you in all my years I've never seen anything like that in my life I think it raises a serious due process question and it's almost like the New York case where they're saying oh you can appeal but cough up 400 million dollars and if you don't cough it up we're gonna steal your properties we're gonna sell them pennies on the dollar and and that's the punishment you're gonna get just because you want to appeal have you seen things like this before let alone against the former president the United States first mark this has never happened with a former president we have never allowed the legal system to harass someone like this with these kind of cases in both federal and state court I still have some waning faith in the federal court system at least in Washington DC that the Supreme Court justices are watching that and they've already rebuffed the special counsel Jack Smith a few times what worries me is what's going on in the state courts like New York you just said it mark I think in part this 350 million damages award which has a hundred million dollars of interest tacked onto it is so large not connected to any damages anybody suffered on whether Donald Trump allegedly you know inflated his asses to get better mortgage terms that amount I think is so large in part because it's designed to prevent Donald Trump from appealing because to appeal that case he has to put up 450 million dollars just to get a hearing in the appellate court to correct what I think looked like bias from the trial judge in that case that's a great point first time I've heard it so you make the penalty so high that basically effectively you're trying to prevent him from appealing I think the president's people should immediately move for stay try and get this case in the federal court and try and get it to the Supreme Court under the 8th Amendment or some other aspect because you know to keep going to Democrats who act like Democrats rather than real prosecutors and real judges becomes a problem John you I want to thank you it doesn't matter it does amaze me that you're a professor UC Berkeley law not because of your brilliance but because of your attitude in your viewpoint so so hang in there thanks we all need to have thick skins these days and I certainly have it in Berkeley yeah well God bless you my friend you're great we'll be right back

Transcribed automatically. Expect errors in names and numbers.

you. Let's bring in our election night power panel Fox News contributor Steve Hilton, political analyst and class action attorney Kelly Hyman and former White House deputy strategic communications director Roman Dharavi. Thank you all for coming on. So Steve Hilton has been ready. He's got it. He's ready for this. So he wants the first question. Let me just play some sound for you. Here's Nikki Haley tonight. Watch and we'll get Steve's reaction. At one point in this campaign, there were 14 of us running and we were at two percent in the polls. Well, I'm a fighter and I'm scrappy. And now we're the last one standing next to Donald Trump. Like Alexis Meadam said, Steve, she says her campaign believes she has money and momentum to keep going. You don't think that way. No, let's just review the night. I want to use the word stunning trace in relation to both candidates. So Donald Trump, this was a stunning victory for him. This was the state that is of all the Republican primary stage, the worst in the whole country for Donald Trump. And he wins a majority. He wins over 50 percent and looks like a double digit victory over Nikki Haley. That is a stunning result. Then you look at Nikki Haley and it's not so much the result. I mean, by the way, as Alexis said, this is exactly what she and the never Trump Republican establishment dreamed of. The two horse race in a state that favors Nikki Haley and is the worst for Donald Trump. And she's defeated by double digits. But the worst thing was that speech. Nikki Haley speech, stunningly bad judgment. Let's just think about the situation she's in. She wants to go to South Carolina, a state where she's miles behind Donald Trump. Currently 20 30 40 points behind Donald Trump. She needs to persuade Republicans who currently support Trump to switch to her. So what does she do in that speech tonight? Attack Donald Trump more aggressively than she's ever done before. It is stunningly bad judgment. It makes me think actually she knows she's going to lose. She's not interested in even trying to win votes. She's got something else going on. Maybe she's her head's been turned by all the media adulation she's got in the last couple of days. It's impossible to understand what she's trying to do with that speech tonight.

Transcribed automatically. Expect errors in names and numbers.