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markpkessinger

(8,938 posts)
Thu Apr 25, 2024, 11:21 AM Apr 2024

My prediction on the immunity claim [View all]

Last edited Thu Apr 25, 2024, 12:23 PM - Edit history (1)

Based on just a few minutes of listening to the oral arguments in Trump’s immunity case, i think I can predict where the right wing justices will come down. I believe they will rule that a president does not enjoy absolute immunity with respect to private acts, however, they will come up with a multi-pronged test for what constitutes a private, aa opposed to an official, act, and will send the case back to Judge Chutkin with instructions to apply that test to the acts in question. Her application of that test will then itself be subject to litigation up through the courts.

In other words, they will rule so as to gum up the prosecutorial works, giving Trump the delay he wants. I hope I am wrong about that, but I don't think I am.

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