Good questions Bruce. IMO those questions are not 'specious'.
May I have Steve's & the Community's permission to develop Bruce's "lack of specify" observation. First, I think Bruce is dead on.
Is today's Opinion purportedly "one for the Ages" or is it 'dicta' about what acts are "official acts" or 'unofficial acts." I realize Roberts said that the "Seal Team 6" extra judicialkillings of an "Opponent" was "fanciful" but, what about "Hang Mike Pence" or kill my Vice President if he does not carryout my Coup?
Trying to tackle this whole thread in one response, I actually think that both the D.C. Circuit and SCOTUS would probably give a fair amount of deference to Judge Chutkan's application of today's ruling on remand. The problem is that, by the time that happens, either Trump will have been elected (in which case, the matter will shortly become moot) or he will have been defeated (in which case, the prosecution will go forward anyway).
But since the Court says the immunity is the sort that protects not just against liability but even against trial, the dist j's rulings on "official" or "not official" and "presumption of immunity overcome" or not, will be subject to interlocutory appeal(s), allowing the Oathbreaking Insurrectionist (see Trump v. Anderson, concurring op. of Sotomayor, Kagan, and Jackson, Jj.) to skate for life even if he loses the election so badly he admits it (yeah, right). Which suggests the question: if he wins, what kind of odds can I get on the prediction that the Court will deny the validity of a self-pardon for all acts before, during, and after a term, or any of those?
Good questions Bruce. IMO those questions are not 'specious'.
May I have Steve's & the Community's permission to develop Bruce's "lack of specify" observation. First, I think Bruce is dead on.
Is today's Opinion purportedly "one for the Ages" or is it 'dicta' about what acts are "official acts" or 'unofficial acts." I realize Roberts said that the "Seal Team 6" extra judicialkillings of an "Opponent" was "fanciful" but, what about "Hang Mike Pence" or kill my Vice President if he does not carryout my Coup?
Trying to tackle this whole thread in one response, I actually think that both the D.C. Circuit and SCOTUS would probably give a fair amount of deference to Judge Chutkan's application of today's ruling on remand. The problem is that, by the time that happens, either Trump will have been elected (in which case, the matter will shortly become moot) or he will have been defeated (in which case, the prosecution will go forward anyway).
But since the Court says the immunity is the sort that protects not just against liability but even against trial, the dist j's rulings on "official" or "not official" and "presumption of immunity overcome" or not, will be subject to interlocutory appeal(s), allowing the Oathbreaking Insurrectionist (see Trump v. Anderson, concurring op. of Sotomayor, Kagan, and Jackson, Jj.) to skate for life even if he loses the election so badly he admits it (yeah, right). Which suggests the question: if he wins, what kind of odds can I get on the prediction that the Court will deny the validity of a self-pardon for all acts before, during, and after a term, or any of those?