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If he was referring to the 2024 SCOTUS ruling, I guess I expected him to spell it out well enough for an armchair lawyer like myself, but you are probably right
by zzrrt 8mo ago
If he was referring to the 2024 SCOTUS ruling, I guess I expected him to spell it out well enough for an armchair lawyer like myself, but you are probably right. Though I wonder if the "encroach" wording could be about the Supremacy clause and separation of powers (him being a state judge encroaching on the elected federal executive.) He wrote a lot at https://www.nycourts.gov/LegacyPDFs/press/PDFs/People%20v.%20DJT%20Clayton%20Decision.pdf https://www.nycourts.gov/LegacyPDFs/press/PDFs/People%20v.%2... but I can't tell how much this SCOTUS ruling weighed into it. There are references to "presidential immunity" that, I think, encompass older cases than the 2024 one.
Anyway, in agreement with your larger point, the legal analyst at https://youtu.be/4tbaDI7ycrA?t=592 https://youtu.be/4tbaDI7ycrA?t=592 says he believe this SCOTUS would not have allowed a real sentence, so my nitpicking about the interaction of the 2024 decision with the lower court's sentencing doesn't matter much; SCOTUS would have let Trump go either way, and probably a Biden-packed court wouldn't have.
It's just another sign that modern Republicans aren't truly "Constitution-lovers" or textualists, that their leader is only safe because judicial activism invented immunity for him.