Ryan Goodman

Ryan Goodman Someone remind Gorsuch that at the Convention, when a ban on pardoning treason was proposed (because a treasonous president could pardon his co-conspirators), the winning argument was: leave the pardon power alone; if that happens you can prosecute the president.

On the left:

Justice Gorsuch and Trump's lawyer agreeing that a check against abuse by an immune president is that the president's subordinates are subject to criminal law.⤵️

On the right:

The obvious problem with that idea.⤵️

As usual, an important point by Asha Rangappa identifying an inconsistency by some conservative Justices on applying criminal laws to a president.⤵️

Indeed, here's Kavanaugh in 14th Amendment oral arg taking a very different approach than Kavanaugh in Trump v. US oral arg:

Topic: How the Supreme Court could rule in a way that gets the January 6 trial on track in short order.

I am basically in agreement with Rick Pildes on the wisdom of his theory here.👇

cc: Marty Lederman Andrew Weissmann (weissmann11 on Threads)🌻 Liz Cheney Rick Pildes

POTUS has no official role in the 1/6 count. When a candidate pressures/threatens the President of the Senate (Pence), pressures and lobbies state legislatures & members of Congress, and oversees a fraudulent elector scheme, his acts are private. And plotting to appoint an AG in…

In terms of penalties for a defendant's gag order violations, Justice Merchan can say:

Mr. Trump, you should be aware that if you are convicted I can take into account violations of this court's orders in deciding on your appropriate sentence.

Agree that it was a major moment in the argument. Haven't heard Trump team admission before that some key acts charged in the indictment are private acts.

After Supreme Court oral args on presidential immunity, I highly recommend this podcast.⤵️

Experts' discussion anticipated many line-drawing issues the Justices raised.

Expert panel:

George Conway
Kate Shaw
Trevor Morrison

Moderator: Andrew Weissmann (weissmann11 on Threads)🌻
buzzsprout.com/2074610/149165…

Gold in hands of Arizona (and federal) prosecutors:

Trump campaign draft announcement to have false electors vote, White House lawyer Eric Herschmann texted:

'Certifying illegal votes.'

Those on texts refuse to put their names on it. Leave it to Rudy, Boris, Jenna to do that.