The Supreme Court Trumps Jack Smith – WSJ

Democrats were hoping the Justices would pass on the case and let the recent D.C. Circuit Court of Appeals ruling against immunity stand. But as we warned on Feb. 7, the sweeping and dismissive nature of the D.C. Circuit ruling made it more likely that the High Court would take the case. And here we are.

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The Supreme Court put the question it will hear on appeal this way: Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office.

A key part of that sentence is alleged to involve official acts during his tenure in office. In denying immunity, the trial judge and the D.C. Circuit panel blew past that point as if it didn t exist. Yet that was a core part of the Supreme Court s precedent on presidential immunity in Nixon v. Fitzgerald in 1982.

via www.wsj.com