Replies

<>I>Goldsmith does believe that SCOTUS will ultimately reject President Trump’s immunity claim.

I disagree because it means every political decision can now be litigated after the fact. This will create a very weak presidency and we are done for as a nation.

But, there are plenty of grounds for dismissing this suit without deciding the immunity issue and the SC is likely to take that path to leave teh matter ambiguous. It might take the standing issue - Jack Smith was not confirmed by the Senate and therefore has no standing to bring a case on behalf of the US government. That is the easy way out without deciding a monumental issue. Or it could decide that the government has failed to state a claim and dismiss it based upon the pleadings as they stand - e.g. there was no insurrection or you cannot deny the President freedom of speech on political issues any more than anyone else. or...

this case is BS and cannot stand, but at the same time blanket immunity is a huuge step and the consequences are unforeseeable. I mean, does the president have immunity from running a teenage prostitution ring for blackmail and intelligence purposes? It's outrageous and he shoudln't.

The immunity claim is another opportunity for Roberts to play King Solomon. They will reject Trump's immunity claim but not in its entirety. Rejection will open police, judges, and prosecutors, especially DOJ prosecutors, up to charges of violating the law after they leave office. If the highest law enforcement officer in the land does not have immunity, how can they have it? It could also open up judges to prosecution for actions taken on the Bench.

I believe they will split the baby again. Trump, the candidate, is not immune from prosecution. Trump, the President, is. Obama murdered a US citizen overseas who, as far as I know, was never charged, let alone convicted, of any crime. I believe his father was, and he was in the vehicle with the father. So far, Obama has immunity. If SCOTUS took away that immunity, could Obama be sued by the family? Also, the court could avoid the whole mess and say the proper place to try a sitting President was in the Senate; Trump, as the President, was tried and not impeached for the same claims of insurrection, so in this case, he can not be tried again.

Removing immunity in its entirety will open Pandora's box. SCOTUS knows this. They will likely find a way to split the baby. Trump will not have blanket immunity. However, he will have some immunity. That will leave Trump's attorneys and the DC Court to fight over what actions can be charged and what cannot. In the meantime, the election will be over, and either Trump wins or gets pardoned so the country can move on.