Trump supporters are saying that testing novel legal theories is not illegal, that's all trump was doing, and so any prosecutor who tried Trump would be laughed out of court. However, Eastman said in writing his novel legal theory violated the law, so Trump supporters are wish casting.
I kind of get it. If something might or might not be legal--and not do irreparable harm--it makes sense to say "Let the courts decide." Trouble is, I think part 2 would have been SCOTUS saying "Political issue, no thanks." Thus for the White House possession would have been 100% of the law.
The incriminating part is that Eastman, the lawyer, told his co-conspirators that his scheme was illegal, but when Bowers (not part of the conspiracy) questioned the legality, Eastman told him to do it anyway and "let the courts sort it out later." They were expecting a 6-3 decision because three of the justices owe Trump (at least in the conspirators' minds). But Trump could be halfway through an illegal second term before the issue got to the Supreme Court. Your "done deal" aspect is salient.
Trump supporters are saying that testing novel legal theories is not illegal, that's all trump was doing, and so any prosecutor who tried Trump would be laughed out of court. However, Eastman said in writing his novel legal theory violated the law, so Trump supporters are wish casting.
I kind of get it. If something might or might not be legal--and not do irreparable harm--it makes sense to say "Let the courts decide." Trouble is, I think part 2 would have been SCOTUS saying "Political issue, no thanks." Thus for the White House possession would have been 100% of the law.
The point is if your lawyer is telling you the scheme is illegal but do it anyway, it is not a "novel legal theory to be tested."
Agree.
The incriminating part is that Eastman, the lawyer, told his co-conspirators that his scheme was illegal, but when Bowers (not part of the conspiracy) questioned the legality, Eastman told him to do it anyway and "let the courts sort it out later." They were expecting a 6-3 decision because three of the justices owe Trump (at least in the conspirators' minds). But Trump could be halfway through an illegal second term before the issue got to the Supreme Court. Your "done deal" aspect is salient.