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Walternate πŸ‡ΊπŸ‡¦πŸ‡¨πŸ‡¦πŸ‡ͺπŸ‡ΊπŸ‡ΉπŸ‡ΌπŸ‡©πŸ‡°πŸ‡¬πŸ‡±πŸ‡²πŸ‡½πŸ‡΅πŸ‡¦'s avatar

Having not listened to this yet, my take on the ambiguity or lack of clarity on what is what within the framework (or lack thereof) that SCOTUS outlined is that, without clarity, no lower court can have certainty about any of their findings. The lower courts had some pretty frickin' good guidance on whether a president was immune from criminal prosecution, yet it was totally gutted by SCOTUS. It's hard for me not to look at the built-in ambiguity of this latest ruling as to allow for all decisions about what is what when determining immunity to ultimately be theirs to decide.

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Ken Lefkowitz's avatar

I think the buckets are crystal clear: if you shoot somebody on Fifth Avenue, that's personal conduct, not immune; if you send Seal Team 6 to shoot the person, it's presumptively immune; if you pull out a revolver and fire it while giving the State of the Union address, it's absolutely immune; and if a congressman fires back, that's what Ben called "speech and debate immunity."

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Ken Lefkowitz's avatar

Kamala may be on to something with the inappropriate laughter...

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