The argument that will be made is that the things for which he is being prosecuted were no official acts, but were acts taken in his personal capacity (the hush money case) or as a candidate, not as president (J6, documents, RICO case). Not saying that will prevail, just saying this isn’t over on any of the cases.
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So the Supreme Court isn’t going to make that determination now. Instead, it will send the case back to the lower courts for further proceedings, although it does offer some guidance.
Of all of the cases, I think the documents case is the one most likely to be tossed first. Hard to argue that determining documents to be personal rather than presidential records is not an official act, even if that determination is not held to be correct. And if the act was not a crime, then the obstruction charge would not stand either.
The argument that will be made is that the things for which he is being prosecuted were no official acts, but were acts taken in his personal capacity (the hush money case) or as a candidate, not as president (J6, documents, RICO case). Not saying that will prevail, just saying this isn’t over on any of the cases.
Those cases are the most damaging. Heres my read.
Re J6 they in essence find whatever decision he made is protected.
Documents - also protected as it comes under presidential powers
RICO - he questioned the results. Dems have done that. He asked a mundane question of can you find votes. Not can you manufacture votes.
Personal Liability
Key will be if the appeals on the Bragg case reach the supreme court will they see through the obvious local vs federal jurisdiction issue.