The Supreme Court asked the wrong question in Trump immunity case

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Michael Conway was counsel for the House Judiciary Committee in the impeachment inquiry of President Richard Nixon in 1974. In that role, he assisted in drafting the committee's final report to the House in support of the three articles of impeachment adopted by the committee.

In agreeing to hear former President Donald Trump’s immunity claim Wednesday, the Supreme Court identified the key issue to be decided as follows: Unfortunately, I believe this is the wrong question. And the way it is worded runs the risk of delivering the wrong answer.

agrees, unanimously holding that Trump was not immune for his role in plotting to remain in office after he lost the 2020 presidential election to Joe Biden. In doing so, the court wrote that “our analysis is specific to the case before us.” But if a former president were criminally indicted for granting a pardon, or sending U.S. troops into a disastrous battle, or issuing an executive order on immigration, courts could conceivably find that some level of immunity exists.

 

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