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Supreme suspense as the country waits for blockbuster decisions from the highest court in the land the justices issuing four rulings today
最高懸念:全國期待最高法院做出重大裁決 大法官們今天做出四項裁決
But we're still waiting on the three hunt highly consequential ones
但我們仍在等待三個影響重大的狩獵活動的消息
That we have been talking about for weeks now former president Trump's claimed that he has immunity from prosecution for actions
我們已經討論了幾個星期,前總統特朗普聲稱他的行為可以免於起訴。
He took as president the case concerning whether January 6 defendants can be charged with obstruction of a proceeding under that specific law and third emergency room
他將 1 月 6 日的被告是否可根據該特定法律和第三急診室被控妨害訴訟的案件作為庭長審理
Abortions, let's get right to CNN Supreme Court analyst Joan Biskupic and Joan all of these huge decisions could come down within the next two
墮胎問題,讓我們馬上連線CNN最高法院分析員瓊-比斯庫皮奇,瓊,所有這些重大決定都可能在接下來的兩週內做出
Weeks take us inside the the court as this anticipation mounts sure your phrase supreme suspense was exactly right and you know in addition to those big three that you mentioned they also have a
周帶我們走進法院,因為這預示著我們將成為法院的一員,你說的 "最高懸念 "是完全正確的。
Major case on Second Amendment gun rights they have cases on social media regulation by governments they have
關於第二修正案槍支權利的重大案件 他們有關於政府監管社交媒體的案件 他們有
Environmental protection cases federal regulatory disputes so a lot of major
環境保護案件的聯邦監管糾紛,是以很多重大
Questions that are you know have been lingering for years that have come to culmination this term
你們知道,這些問題已縈繞多年,在本學期達到了頂峰
So you go in Jake at 10 o'clock Eastern Time and then the nine justices usually there are nine today Justice Alito
所以,你在東部時間 10 點鐘去傑克,然後九個法官通常有九個今天法官阿利托
Wasn't on the bench the nine do sit and the chief says to whoever is going to read the majority
九個人坐在審判席上,首席法官對宣讀多數意見的人說
Opinions for the day has them speak
今天的意見讓他們發言
But as you know this is the season of dissents from the bench also because we have so many
但大家都知道,現在也是法官們提出異議的季節,因為我們有很多
Big cases out there that you know a lot is at stake
你知道事關重大的大案要案
And this is the time of year when a justice who's dissenting
每年的這個時候,持反對意見的法官都會
Wants to call more attention to his or her protest and will speak from the bench
想讓更多人注意到自己的抗議,並會在議席上發言
We had that last week in the bump stocks ruling when Justice Sotomayor
上週,在 "撞火槍支 "案的裁決中,索托馬約爾大法官(Justice Sotomayor)指出
Protested the majority's decision to invalidate a federal regulation that prohibited buns bump stocks as machine guns
抗議多數人裁定禁止將保險槓槍托作為機關槍使用的聯邦法規無效
And you know there is just a lot of anticipation in the room sometimes
你知道,有時房間裡充滿了期待
Relatives and friends of the justices come often a spouse will show up today Justice Kavanaugh's parents were there so you know it's just everyone in and
大法官的親戚和朋友經常會來,今天卡瓦諾大法官的父母也來了,所以大家都來了。
Anticipation and we do not know which cases are going to come when until we get to the very last day which this year Jake should be potentially a week from next Friday or
在最後一天之前,我們都不知道哪些案件會在什麼時候發生,而今年傑克可能會在下週五或一週後發生。
Monday July 1st and the immunity decision just a huge one and obviously we'll have a
7月1日星期一,豁免權的決定是一個重大決定,顯然我們將有一個
Significant impact on the presidential race and the timing of this decision can't be ignored it can't Jake
這一決定對總統競選的重大影響和時機選擇不容忽視。
And I just want to remind everyone that the justices had had an opportunity to take up
我只想提醒大家,大法官們曾有機會討論以下問題
Jacksmith's request to examine presidential immunity back in December special counsel Jack Smith
早在 12 月,特別顧問傑克-史密斯(Jack Smith)就要求審查總統豁免權。
Representing the Department of Justice the American people had asked the Supreme Court to actually look then at former President Trump's claim that he should be shielded from criminal prosecution for the events after the 2020 election and the justices said no they decided to wait until
代表司法部的美國人民曾要求最高法院實際審查前總統特朗普的主張,即他應該在2020年大選後的事件中免於刑事起訴。
Oral arguments on April 25th, that's when they heard it
4 月 25 日的口頭辯論,他們就是在那個時候聽到的
You know we obviously saw them struggling with some pretty important questions, but now they've already you know
你知道,我們顯然看到他們在一些非常重要的問題上掙扎,但現在他們已經你知道
Delayed
延遲
Many more weeks that if we get the ruling tomorrow or next week
如果我們明天或下週就能得到裁決,那將會有更多的星期
We are right up against the November election in terms of a possible trial for former President Trump because you know
就前總統特朗普可能接受的審判而言,我們正面臨著 11 月的大選,因為你知道
I think just the preparation for any kind of trial is going to take about three months if not more Jake so no matter how they rule I think the the window of opportunity for any kind of
我認為,任何審判的準備工作都需要三個月左右的時間,如果不是更長的話。
Prosecution on behalf of the Department of Justice might be might be doing dwindling Jake
代表司法部提起的訴訟可能會越來越少 傑克
It's worth noting of course that next week marks two years
當然,值得注意的是,下週是
Since the Supreme Court's Dobbs decision which overturned Roe v. Wade and as the White House prepares to mark that day
自最高法院做出推翻 "羅伊訴韋德案 "的多布斯裁決以來,白宮正準備紀念這一天
They're also bracing for this emergency room abortion ruling
他們也在為這項急診室流產裁決做準備
That's right
沒錯
And you know just think of how much has changed in America since the justices struck down nearly 50 years of constitutional abortion rights
想想看,自從大法官廢除了近 50 年的憲法規定的墮胎權後,美國發生了多大的變化吧
Some 14 states have completely banned abortion several other states have imposed very strict restrictions on
約有 14 個州完全禁止墮胎。
People's ability at women's ability to end a pregnancy and we've now even seen debates over in vitro
人們關注婦女終止妊娠的能力,我們現在甚至看到了關於試管嬰兒的辯論。
Fertilization all sorts of reproductive rights are now
受精的各種生殖權利現在都有了
You know now now really in doubt because of that decision and I think Jake no matter how the justices rule on that federal law
我認為,無論大法官們如何對聯邦法律做出裁決,傑克都會受到質疑。
That's intended to ensure emergency room treatment and whether that even applies for potential abortions for
其目的是確保急診室的治療,而這是否甚至適用於可能的墮胎,因為
Mothers health and emergency situations in states like Idaho that ban abortion that will not be the last word on litigation coming from that 2022 decision to completely eliminate
在愛達荷州等禁止墮胎的州,母親的健康和緊急情況不會是 2022 年決定徹底消除墮胎的訴訟的最後結果。
Constitutional abortion rights. All right, CNN's Joe Biskupic. Thanks so much
憲法規定的墮胎權好的,CNN記者喬-比斯庫皮奇。非常感謝
Let's discuss this all with our legal panel have with me Ellie Honig Tom Dupree and Brandi Hardin Ellie if the presidential immunity decision
讓我們與我們的法律小組討論這一切,有請埃莉-霍尼格(Ellie Honig)、湯姆-杜普里(Tom Dupree)和布蘭迪-哈丁(Brandi Hardin)。
Ends up being last on the docket. So she said July something right July 2nd or something
結果是最後一個。所以她說七月什麼的,對吧,七月二號什麼的
What might the impact be on a potential trial? Do you think that's that's it?
這對可能進行的審判有什麼影響?你認為是這樣嗎?
No trial until after the election and obviously if Trump wins, he'll get rid of it
大選前不會進行審判,顯然,如果特朗普獲勝,他就會撤銷審判
I think there's still a chance to get this trial in as Joan said the window is very quickly closing every day that passes
我認為,正如瓊所說的那樣,我們仍有機會將這一審判進行到底。
Of course makes a trial less likely before the election, but we're really talking about sort of small change at this point
當然,在大選之前進行審判的可能性較小,但目前我們談論的只是微小的變化。
I mean whether the decision comes down tomorrow or comes down ten days from from now
我的意思是,無論明天還是十天後做出決定
Doesn't make that big a difference. Here's what to watch though when the Supreme Court rules
區別並不大。以下是最高法院做出裁決時的注意事項
I think what they're gonna do is say here's the test first time we're ever announcing this
我認為他們會說,這是我們首次宣佈的測試結果
Here's the test for presidential immunity if the court says here's the test and Trump fails
以下是總統豁免權的測試方法,如果法院說這是測試方法,而特朗普沒有通過的話
Then it goes back to the trial court and then I think they can squeeze in a trial before the election if they want
然後回到審判法庭,如果他們願意的話,我想他們可以在選舉前擠出時間進行審判。
But if the court says here's the new test and now back to the trial court
但如果法院說這是新的測試,現在回到原審法院
You have to decide whether Trump meets that test or not
你必須判斷特朗普是否符合這一標準
Then we're going back up the appeals chain and then there's no trial
然後我們又回到上訴鏈,然後就沒有審判了
Don't you think that's the second option is what they're gonna do?
你不覺得這是他們的第二個選擇嗎?
I think the Supreme Court is gonna basically take a middle position between the two somewhat extreme positions
我認為最高法院基本上會在兩種略顯極端的立場之間採取中間立場
The parties have said the Jack Smith says there's basically no immunity
雙方都說傑克-史密斯說基本上沒有豁免權
The Trump team says it's absolute immunity Supreme Court's gonna come down in the middle
特朗普團隊稱絕對豁免權 最高法院將居中裁決
I don't think they are going to get into the facts of this case and apply their newly stated
我不認為他們會深入瞭解本案的事實,並運用他們新陳述的
Constitutional standard to Trump in this case. We saw from the argument that they are operating at a 30,000 foot level
在本案中,特朗普的憲法標準。我們從爭論中看到,他們是在三萬英尺的高度上運作的
They are thinking grand questions of constitutional law
他們在思考宏大的憲法問題
They're not going down to this kind of granular get-your-hands-dirty question of well
他們不會深入到這種細枝末節的問題,即 "好吧"。
What the stuff Trump did falls on the official side or on the private side?
特朗普的所作所為屬於官方行為還是私人行為?
I think they're gonna announce high arching legal principles and then leave it to the lower courts to sort it all out
我認為他們會宣佈高屋建瓴的法律原則,然後交由下級法院來解決所有問題
So Brandy in oral arguments on April 25th chief justice of the United States
是以,布蘭迪在 4 月 25 日的口頭辯論中,美國首席大法官
John Roberts said quote as I read it
約翰-羅伯茨(John Roberts)說,我讀到的引文是
It says simply a former president can be prosecuted because he's being prosecuted
它簡單地說,前總統可以被起訴,因為他正在被起訴
Why shouldn't we either send it back to the Court of Appeals or issue an opinion making clear that that's not the law?
為什麼我們不能將其發回上訴法院,或者發表意見,明確指出這不是法律?
Translate that into English for us
為我們翻譯成英語
And and how do you think that for foretells what actually is gonna happen?
你認為這預示著什麼?
So I really just think they're saying look if a president's being prosecuted. He can be prosecuted. There is that that's obviously something
所以我覺得他們是在說 如果總統被起訴了他可以被起訴。有,這顯然是什麼
That's true. But what I really think here is that just like everyone said they are not gonna make a decision
沒錯。但我真正的想法是,就像大家說的那樣,他們不會做出決定
There's gonna be new law that they come out with with respect to immunity and they're just gonna send it back to the courts
他們會就豁免權制定新的法律,並將其發回法院重審。
That's what's really gonna happen. And let me say this as a defense attorney. I think there is no chance
這才是真正會發生的事讓我以辯護律師的身份告訴你我認為沒有機會
No possibility of a trial before the election if I'm now starting a new I have this file. I've been working on it
如果我現在開始新的工作,就不可能在選舉前進行審判,我有這份文件。我一直在處理
There is literally no possibility that I can get through everything and be prepared for a trial
我根本不可能完成所有工作併為審判做好準備
Nobody how many people are on the team in order to be ready before the election?
為了在選舉前做好準備,團隊裡有多少人?
So I think once again, he's gonna escape and there are not gonna be any more trials before the election
是以,我認為他會再次逃脫,在選舉前不會再有任何審判了
Ellie you have an article coming out in tomorrow in New York magazine on the scenario posed by a DC Court of Appeals judge
艾莉,你明天將在《紐約雜誌》上發表一篇文章,介紹華盛頓特區上訴法院法官提出的方案。
Which asked?
哪個問題?
Quote could a president who ordered SEAL team six to assassinate a political rival and who was not impeached
一個命令海豹六隊暗殺政敵卻未被彈劾的總統,能引用的名言是
Would he be subject to criminal prosecution the argument being?
他是否會受到刑事起訴?
From the Trump lawyers at that time during that argument that you have to be impeached before you can be prosecuted
當時特朗普的律師在爭論中說,你必須先被彈劾才能被起訴
Preach impeach and convicted. I think right you argue. It's way oversimplified. So yeah
宣揚彈劾和定罪。我認為你的論點是對的。太簡單了所以是的
I think that moment was the most memorable moment from all the Trump arguments, right?
我認為那一刻是特朗普所有爭論中最令人難忘的時刻,對嗎?
Who could forget it the answer that Trump Donald Trump's lawyers gave was outrageous wrong reckless and dangerous
誰能忘記特朗普唐納德-特朗普的律師給出的答案?
The problem is you have to go beyond that
問題是你必須超越這一點
I am convinced the Supreme Court is going to reject this theory that
我相信最高法院會駁回這一理論,即
Anyone can only ever be indicted a president if he's first been impeached and then removed that will never happen
只有先被彈劾再被罷免的總統才能被起訴,而這是永遠不可能發生的。
The courts gonna say no, that's ridiculous
法院會說不,這太荒謬了
But we don't have we can't end there because then the courts gonna have to say well
但我們不能就此結束,因為法院會說
Here's what the standard is. And that's where I think we get into what we've been talking about
這就是標準。這就是我們一直在討論的問題
So it's not as easy as just saying, of course, you can't kill in a political rival
是以,這並不像說 "當然,你不能在政治對手中殺人 "那麼簡單。
Of course, they're gonna reject this what's taking so long what's taking so long is they're trying to articulate the standard for the first time
當然,他們會拒絕接受,為什麼要花這麼長時間?
In American history and then they're gonna have to have that applied through the trial court. So it's much more complicated
在美國曆史上,他們必須通過審判法庭來申請。所以這要複雜得多
What do you think the standards gonna be?
你認為標準會是什麼?
I suspect this court will try to draw some sort of line between official conduct and private conduct
我懷疑法庭會試圖在官方行為和私人行為之間劃出某種界限
Well does supervising elections count as?
監督選舉算不算?
Well, I mean I think Jack Smith would have a pretty strong argument to say that the president doesn't really have any formal
嗯,我是說,我認為傑克-史密斯會有一個非常有力的論據,說總統並沒有任何正式的
Constitutional role in the election process
憲法在選舉過程中的作用
That's something that our framers basically delegated to the state state legislatures and the like not the president of the United States
這是我們的制憲者基本上授權給各州的州議會等機構而不是美國總統的事情。
So I think under that test
是以,我認為根據這項測試
I think President Trump would have a difficult time trying to get out and claim immunity for that type of conduct
我認為,特朗普總統很難為這種行為脫身並獲得豁免權。
The other thing I want to say is with regards to Chief Justice Roberts quote
我想說的另一件事是關於首席大法官羅伯茨的一句話
I think that actually is fairly
我認為這實際上是相當
Significant because as we all know the chief sits right in the middle of a court and what he says from the bench
意義重大,因為我們都知道,首席法官坐在法庭正中間,他在法庭上說的話
Exactly and so when he questions
沒錯,所以當他提問
I interpreted what he said is basically questioning the DC Circuit the lower courts rationale where they
我的理解是,他所說的基本上是質疑華盛頓特區巡迴法院和下級法院的基本原理。
Rejected any sort of immunity and the chief basically found that reasoning to be circular
拒絕給予任何形式的豁免權,局長基本上認為這種推理是循環論證
So what that tells me is that is exceedingly likely that the Supreme Court is going to reverse
是以,這告訴我,最高法院極有可能推翻判決。
What the lower court said and recognize some sort of immunity the scope yet to be determined, right?
下級法院所說的,承認某種豁免權的範圍尚未確定,對嗎?