Too Big to Fail: By the by, this decision (among other things) allows Trump to revisit his New York conviction, since some of the acts he was convicted for were committed while he was President. Wheeeeee!

By the by, this decision (among other things) allows Trump to revisit his New York conviction, since some of the acts he was convicted for were committed while he was President. Wheeeeee!

BREAKING: The Supreme Court holds, 6-3, that a former president is absolutely immune from prosecution for actions within their "conclusive and preclusive" authority and presumptively immune from prosecution for all official acts. More to come at Law Dork: www.lawdork.com

Law Dork | Chris Geidner | Substackwww.lawdork.com The Supreme Court, law, politics, and more. Click to read Law Dork, by Chris Geidner, a Substack publication with tens of thousands of subscribers.

This was my first thought too. The appeal gets to them and it is overturned.

I don't think there's even a vaguely plausible ground on which his business records are official acts.

Here's one, from Roberts' opinion: "When the President acts pursuant to 'constitutional and statutory authority,' he takes official action to perform the functions of his office." Trump was acting pursuant to NY state statutory authority for corporate officers to file corporate documents.

Is that a legitimate argument for immunity? No. Is it something that his lawyers will file both on direct appeal, in a CPL § 440.10 motion to vacate judgment, and in a habeus petition? Absolutely.

I mean we're way in bad faith land so who knows, but Roberts plainly means federal statutory authority. The constitution does not give the president an obligation to take care that state laws are executed.

"[W]e conclude that the separation of powers principles explicated in our precedent necessitate at least a presumptive immunity from criminal prosecution for a President’s acts within the outer perimeter of his official responsibility" = "Just make some kind of argument and we'll agree with it."

shit

And I think that pretty plainly means - at least for the New York courts - the *president's* statutory authority.

Not that Trump won't try, and after this morning it's deeply unclear that there are any stops the Supreme Court won't pull out for him.

"Trump was President, so it was within his statutory authority" <- absolutely something Todd Blanche would sign his name to.

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