Indispensable thread from Popehat. On top of the absolute and presumptive immunity issue, the explicit conferment of evidentiary and testimonial privilege on essentially every aspect of Presidential speech is unprecedented in scope, but in keeping with the Court’s recent approach to corruption.
There are two elements to the immunity decision that are particularly extreme in a way that many will miss: (1) motive is irrelevant and (2) immune acts are not just excluded from prosecution, they’re excluded from evidence.
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