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jpickle777's avatar

I greatly appreciate your analysis and insight, Steve. You invited ideas for future topics, so here goes.

In anticipation of Chutkan's case ending up back in the S CT, could you help prepare us? First, are official acts on the "outer perimeter" synonymous with "implied powers"? Second, explain presumption. Who has the burden? Smith rebuts the presumption of immunity; then, Trump rebuts the rebuttal? Third, how can any conduct by a President be "official" if, by virtue of its illegality, it is a failure to "take care that the laws be faithfully executed" (eg, ordering a Navy Seal to kill a political rival)? Fourth, historically, the law recognizes qualified immunity for government officials (right?). So is the ruling the president has absolute criminal immunity for core duties unprecedented in law, or unprecedented vis a vis the U.S. President, or both? Fifth, the Court said (Art II s 1) the executive power is vested in one person (the President). Is it significant that the opinion also refers to Executive "Branch," thereby clouding Smith's argument surrounding the Trump-Pence conversations about Pence's President-of-the-Senate role? Thanks.

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Kathleen Weber's avatar

To what do I attribute Thomas's longevity? He takes care of himself by doing just about anything that makes HIM happy. Must admit I'm trying the same strategy myself.

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