I look forward every day to the MM; it's like unwrapping a box of surprises, some expected and some not. No matter which, every one of them is interesting. Thank you David.
Re: SCOTUS immunity hearing...the "clear statements" tack that Kavanaugh took as a potential exculpatory defense for tRump was certainly shown up as the get-out-of-jail-free card that ANY president can use for a law-breaking spree on the order of tRump's own actions following the Nov 2020 elections and which led up to the Jan6 rioting in the Capitol. As Marty Lederman implies, this surely is a non-starter...well, except for Alito and perhaps one other Justice.
But that even such a jaw-dropping proposition was raised gives one pause as to the extent the Court's far-right members could consider in letting tRump off the hook. Best to hope for now is that the damage to "no man is above the law" canon is just delay, as bad as that is. But with this Court, "bad" is purely relative and on a sliding scale.
I presume NYDA and Justice Merchan appreciate what Judge Kaplan gifted them for post-trial motions and subsequent appeals. I’d like to think neither 2CA nor NY’s Court of Apeals would toss an adverse verdict on the ground that the defendant failed to behave properly during the trial.
I look forward every day to the MM; it's like unwrapping a box of surprises, some expected and some not. No matter which, every one of them is interesting. Thank you David.
Re: SCOTUS immunity hearing...the "clear statements" tack that Kavanaugh took as a potential exculpatory defense for tRump was certainly shown up as the get-out-of-jail-free card that ANY president can use for a law-breaking spree on the order of tRump's own actions following the Nov 2020 elections and which led up to the Jan6 rioting in the Capitol. As Marty Lederman implies, this surely is a non-starter...well, except for Alito and perhaps one other Justice.
But that even such a jaw-dropping proposition was raised gives one pause as to the extent the Court's far-right members could consider in letting tRump off the hook. Best to hope for now is that the damage to "no man is above the law" canon is just delay, as bad as that is. But with this Court, "bad" is purely relative and on a sliding scale.
I presume NYDA and Justice Merchan appreciate what Judge Kaplan gifted them for post-trial motions and subsequent appeals. I’d like to think neither 2CA nor NY’s Court of Apeals would toss an adverse verdict on the ground that the defendant failed to behave properly during the trial.