Carrie Johnson:

Well, history is a guide here, Geoff.

No former president has been charged, but former President Richard Nixon did accept a pardon from his successor, Gerald Ford, which acknowledges some sense of criminal liability on his behalf and concern about potential criminal action.

And one of the judges in this case, Michelle Childs, also asked Trump's lawyer in this case why Trump's lawyer in the impeachment over January 6 conceded that he shouldn't be impeached there, but that there should be a role for the justice system to play criminally thereafter.

Judge Childs couldn't get the lawyer to understand the distinction there or acknowledge it. And so there is a real contradiction the judges were grappling with today over the sweeping nature of Trump's arguments versus the reality on the ground in some of these very extensive hypotheticals.

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