>>> THANK YOU FOR JOINING US. WE BEGIN THE REPORT WITH A CONSEQUENTIAL ARGUMENT BEFORE THE SUPREME COURT. JUSTICES WILL RULE ON DONALD TRUMP'S CLAIM THAT PRESIDENTS ARE IMMUNE FOR ACTS TAKEN IN OFFICE. IT CENTERS AROUND TRUMP AND WHETHER HE ACTED IN AN OFFICIAL CAPACITY WHEN HE TRY TO OVERTURN . JACK SMITH'S -- >> DID NOT PUT AN IMMUNITY CLAUSE INTO THE CONSTITUTION. NOT SO SURPRISING, THEY WERE REACTING AGAINST A MONARCH WHO CLAIMS TO BE ABOVE THE LAW. WAS IN THE HOPE POINT THAT THE PRESIDENT WAS NOT A MONARCH AND THE PRESIDENT WAS NOT SUPPOSED TO BE ABOVE THE LAW? LET'S BRING IN LEGAL CONTRIBUTOR, REBECCA. WHAT DID YOU MAKE OF THE DEBATE TODAY? >> THIS IS A CONSEQUENTIAL AND IMPORTANT ARGUMENTS THAT WENT ON TODAY. IT IS VERY INTERESTING HOW THERE ARE TWO LOOMING ISSUES. HOW WILL IT AFFECT JACK SMITH'S PROSECUTION OF THE FORMER PRESIDENT? THE OTHER THAT THE JUSTICES WANT TO FOCUS ON, WHAT ARE THE IMPLICATIONS FOR THE PRESIDENCY FOR THE FUTURE? >> THEY SEEM LIKE THEY ARE TWO DIFFERENT TIMELINES. AT TIMES THE JUSTICES AND PARTICULARLY THE CONSERVATIVE JUSTICES ARE TALKING ABOUT ALL TIME. ALL INTERESTED IN DRAWING THE LINE BETWEEN OFFICIAL ACTS WHICH THEY BELIEVE THAT PRESIDENTS SHOULD HAVE IMMUNITY FOR SO THEY ARE NOT HAMPERED TO MAKE DECISIONS AND PRIVATE ACTS THAT DO NOT DESERVE THAT KIND OF IMMUNITY. >> CLICK THE JUSTICES -- THERE MAY BE A CONSERVATIVE SUPPORT FOR MAKING THIS DISTINCTION MORE CLEAR. IF THERE WAS THAT, WHERE WOULD IT GO? WHAT IS THE NEXT STEP IN THIS SITUATION? >> THAT IS A QUESTION THAT REMAINS. IS THIS AN ANSWER THAT WILL DELETE THE PROCEEDINGS, SUCH AS THAT THERE WILL BE NO CHANCE TO REALLY PROSECUTE TO THE FINALITY OF THE FORMER PRESIDENT? OR WILL THE PROSECUTORS BE ABLE TO GO FORWARD WITH SOME KIND OF COMPROMISE WHERE THEY PERHAPS DROP SOME OF THE ARGUABLY OFFICIAL ASKED THAT THE PRESIDENT IS CHARGED WITH, AND PROCEED WITH THE ONES THAT ARE CLEARLY PRIVATE IN NATURE? >> WHAT ARE THE ARGUMENTS THAT THE DEPARTMENT OF JUSTICE IS MAKING, THERE ARE ALREADY ACCOMMODATIONS IN LAW TO MAKE SURE A PRESIDENT IS NOT RAILROADED. THERE ARE A LOT OF HYPOTHETICALS ABOUT HOW IT CAN BE USED IN THE WRONG HANDS? WHAT DID YOU MAKE OF THAT ARGUMENT FROM THE DOJ? TWO THEY WERE TRYING TO SUGGEST THAT WE DO NOT NEED PRESIDENTIAL IMMUNITY BECAUSE THERE ARE BUILT-IN LAWS DEFENSES. YOU COULD CLAIM ADVICE OF COUNSEL DEFENSE FOR A LOT OF OFFICIAL ACTS. THE PRESIDENT WILL HAVE CONSULTED THE DOJ, THE OFFICE OF LEGAL COUNSEL AND GOTTEN A LEGAL OPINION THAT WHAT THEY ARE PROCEEDING TO DO IS LAWFUL. THAT WOULD HAVE A DEFENSE THAT INJECTS SMITH'S ARGUMENT WOULD PROTECT THEM IN THE FUTURE. THEY WERE NOT NEED THIS KIND OF IMMUNITY. >> IS THERE AN OBLIGATION FOR THE JUSTICES TO DEAL WITH THE FACT THAT THERE IS A LIVE CASE SITTING IN FRONT OF THEM? OR DOES ALL OF THIS TALK ABOUT MAKING DECISIONS FOR ALL ETERNITY, ALLOW THEM TO POINT THEIR EYES TO THE HORIZON AND NOT TO WORRY ABOUT THIS? >> OF COURSE THEY ARE CONSTRAINED BY THE CASE IN FRONT OF THEM. HOW THEY DECIDE THAT CASE, THEY HAVE A LOT OF LEEWAY TO DO THAT. THEY CAN DECIDE IN A NARROW WAY THAT ADDRESSES JUST THE ISSUES THAT ARE BEFORE THEM OR DECIDE IN A BROADER WAY THAT HAS BIGGER IMPLICATIONS FOR CASES THAT COME IN THE FUTURE FOR THE PRESIDENCY AND HOW IT'S CONDUCTED IN THE FUTURE. TWO MR. TRUMP'S NEW YORK CRIMINAL TRIAL, THE FORMER HEAD OF THE NATIONAL INQUIRER, DAVID PECKER, WAS BACK ON THE STANDARD MICHAEL GEORGE HAS A RECAP. WE'RE DONALD TRUMP BEGAN HIS DAY WITH A CAMPAIGN STOP. BEFORE GOING TO THE COURTHOUSE, THE FORMER PRESIDENT GREETED SUPPORTERS AT A CONSTRUCTION SITE. HE COMPLAINED ABOUT HIS TREATMENT IN COURT. >> THEY HAVE TAKEN MY CONSTITUTIONAL RIGHT AWAY WITH A GAG ORDER. >> Reporter: FROM THERE IT WAS BACK TO HIS CRIMINAL TRIAL. HE IS ACCUSED OF FALSIFYING BUSINESS RECORDS TO COVER UP HUSH MONEY PAYMENT TO STORMY DANIELS. DAVID PECKER RETURNED TO THE WITNESS STAND. THE LONG TIME PUBLISHERS THAT HE WORKED WITH TRUMP TO SQUASH THE STORIES DURING THE 2016 RACE. HE TOLD TRUMP'S FIXER, MICHAEL COHEN, HE SHOULD BUY IT AND TAKE IT OFF THE MARKET. PROSECUTORS SAY THE SO-CALLED CATCH AND KILL SCHEME WAS A CRIME. >> THE REASON THE GOVERNMENT SAYS IT'S ILLEGAL WAS BECAUSE IT WAS DONE SPECIFICALLY TO INFLUENCE THE 2016 ELECTION. TO KEEP INFORMATION FROM THE PUBLIC. >> Reporter: DONALD TRUMP SAID THIS ABOUT DAVID PECKER. PROSECUTORS SAY THAT WAS A MESSAGE TO HIM AND ANOTHER VIOLATION OF THE JUDGE'S GAG ORDER. TRUMP PLEADED NOT GUILTY TO 34 COUNTS WILL BE BACK IN COURT ON FRIDAY WHEN DAVID PECKER RETURNS TO THE STAND. >> CAMPAIGN REPORTER AND ATTORNEY, CATRINA KAUFMAN, JOINS ME NOW. DAVID PECKER TALKED ABOUT THE FACT THAT DONALD TRUMP THANK HIM AFTER THE ELECTION AND INVITED HIM TO THE WHITE HOUSE. WHY IS THAT IMPORTANT? >> IT SHOWS THAT TRUMP FELT THAT HE OWED DAVID PECKER A THANK YOU. THERE WAS A MEETING AT TRUMP TOWER THAT HE TALKED ABOUT WHERE HE TRAINED TIM FOR THE DOORMAN STORY AND WHEN HE WENT TO THE WHITE HOUSE HE BROUGHT BUSINESS ASSOCIATES AND THEY TOOK PICTURES IN THE OVAL OFFICE WITH TRUMP. TRUMP WANTED A PRIVATE CONVERSATION AND HE ASKED HOW KAREN McDOUGAL WAS DOING? ANOTHER THING THAT DAVID BROUGHT UP, HE SAID TRUMP'S FAMILY WAS NEVER MENTIONED DURING THE CONVERSATIONS ABOUT THESE STORIES. TRUMP TRIED TO PAINT THIS TO NOT EMBARRASS HIS FAMILY AND DAVID PECKER SAID THIS WAS ABOUT THE CAMPAIGN. HIS DAUGHTER AND WIFE ARE NEVER MENTIONED. >> THE STORIES THAT WOULD HURT DONALD TRUMP, THERE WAS A LOT THAT DAVID PECKER TESTIFIED TO WHERE DAVID PECKER WOULD MAKE UP A PLOT, STORIES ABOUT HIS OPPONENTS IN THE PRIMARY. GRIM AWFUL STORIES, TO HELP TRUMP AND TO USE THE STORIES TO BEAT UP OPPONENTS. >> HE WAS TALKING ABOUT THIS THE OTHER DAY. STORIES ABOUT TED CRUZ AND MARCO RUBIO THAT WERE ESSENTIALLY FABRICATED WHEN THEY WERE DOING WELL IN THE POLLS. IT WAS ORCHESTRATED ARRANGEMENT BETWEEN DAVID PECKER AND Michael:. >> THE CROSS IN HIS NATION -- EXAMINATION, ARE THEY POKING HOLES IN HIS STORIES? >> YES. POKING HOLES IN HIS TIMELINE AND HOW YOU REMEMBER CONVERSATIONS. THEY ARE TRYING TO SHOW THAT THE PROSECUTION IS HOPING THAT DATING BACK TO THE 2015 MEETING, THEY HAD A CATCH AND KILL SCHEME. TRUMP'S ATTORNEY SAID THEY HAVE BEEN DOING THIS FOR A LONG TIME. AS LONG AS 17 YEARS BEFORE THAT MEETING. DAVID PECKER WAS TIPPING DONALD TRUMP OFF ABOUT PROBLEMATIC STORIES. HE DID THIS WITH OTHER POLITICIANS AND CELEBRITIES. TIGER WOODS WAS ONE OF THEM. THEY ARE SAYING THIS WAS JUST A BUSINESS PRACTICE OF HISTORY >> NOT ABOUT THE CAMPAIGN BUT
