From WNYC Studios. I'm Brian Lehrer. This is my daily politics podcast. It's Friday, February 9th.

Yesterday, oral arguments at the Supreme Court on Donald Trump and the insurrection clause of the Constitution.

The question was, can Colorado ban Trump from the presidential election ballot because he engaged

in an insurrection or gave aid in comfort to insurrectionists, as the 14th Amendment said,

would be disqualifying. The Colorado Supreme Court has in fact barred him from the

ballot in that state for exactly those reasons. Trump appealed to the Supreme Court and yesterday

the lawyers for the two sides fought it out. Now expert consensus seems to be that Trump won

and Colorado lost. But let's see what our guest this morning thinks as we play

a few key excerpts and also discuss two other high stakes legal goings on at the same time. The

appeals court ruling on whether Trump is immune from prosecution for anything he did as president,

even fomenting an insurrection if he were to be found guilty of that. And the Biden classified

documents report issued by a special counsel yesterday. This was on so few people's radar, but it

created a firestorm over the conclusion that while Biden did not commit a crime, that he did display

memory problems in his five hours

of testimony. Biden angrily denounced that finding last night, as we will hear in a clip that we will

play. But back with us now is Emily Bazelon, Yale Law School Lecturer and Senior Research Fellow,

New York Times Magazine staff writer, and politicalFest co-hosts for Slate

and author of two bestselling books charged the movement to transform American prosecution

and end mass incarceration and sticks and stones, defeating the culture of bullying and rediscovering

the power of character and empathy.

Emily was last with us yesterday morning to preview the Supreme Court hearing.

And thanks for giving us your time.

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