STEPHANOPOULOS: Sarah, what’s your guess on what the Court does here?
SARAH ISGUR: I think you'll have the Supreme Court hold that he is not disqualified from being on the ballot. They'll overturn the Colorado Supreme Court.
STEPHANOPOULOS: The question is: how will they do it, though?
ISGUR: Correct. I think they'll say that, in fact, the 14th Amendment makes clear it's up to Congress. If Congress can requalify someone by a two-thirds vote, there's no timeline on that. Which means that, you know, as one of the amicus briefs has pointed out, it's really supposed to be post-elections about holding office, not running for office. And so I think they'll say it's really Congress' job. The states can't make up their own standard. Is it beyond a reasonable doubt? Is it more likely than not? Et cetera. What’s interesting to me will be whether or not the Supreme Court goes out of their way in order to get those three Kagan, Sotomayor, and Jackson votes, in saying, “yes, it was an insurrection and yes, he engaged in it, but it's up to Congress”.
STEPHANOPOULOS: I don't see how they can do that, Donna Brazile. If you say he engaged in insurrection, was the question I asked Nancy Pelosi, I don't see how you can escape the plain meaning of the 14th Amendment and say he's qualified to run for office.
DONNA BRAZILE: I totally agree with you, George, but I don't have a lot of faith in the Supreme Court as it is now constituted. And as you know with my experience with Bush v. Gore, I’m not going to sit up at night and start whining. Here's what I do know. Brett Kavanaugh and the Republican justices do not owe Donald Trump one thing. This notion that somehow or another he’s going to be treated unfairly? No. He should be subjected to the same laws, the same consequences, the same accountability as every other American. No one is above the law.