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Atextualism and Kingly Immunity
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This is a special edition to explore the Supreme Court's opinion in Trump v. United States, the presidential immunity case. The Supreme Court granted former presidents absolute immunity from criminal prosecution for actions within his "conclusive and preclusive constitutional authority," and presumptive immunity from prosecution for all his official acts. The devil is in the details.
I spoke with Professor Harold Krent from the Chicago-Kent College of Law, and former federal prosecutor David Weinstein, a partner at Jones Walker. Hal and I talked about the demerits of the opinion, and David and I discussed what the opinion means for the 3 open criminal cases against the former president.
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