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Tuesday, October 24, 2023

Quinta Jurecic, Benjamin Wittes: To succeed in getting the Jan. 6 indictment against Donald Trump dismissed, Trump's legal team will have to pull off a remarkable feat: convincing five justices of the Supreme Court to recognize a maximalist version of a hitherto unknown immunity doctrine and then construe the alleged facts in the indictment at a sufficient level of abstraction as to qualify for immunity under that vision. And that seems unlikely. read more


Friday, September 08, 2023

Anna Bower, Alan Z. Rozenshtein, Benjamin Wittes: The issue is complicated, but removal of the Fulton County case to federal court would not be a disaster -- and is probably the right answer. read more


Comments

Simple solution, don't give information you want kept private to third parties. en.wikipedia.org

Interesting that a self-proclaimed "leading and trusted global online enterprise technology news publication" doesn't provide such fundamental background information.

#27 It's his job to carry out the law, which he failed to do. He didn't carry out anything. In fact, he did the opposite of carrying out the law.

The "political question doctrine" is part of the law. Here's a deep dive into that doctrine applied to this case. "Political questions and Section 3 of the Fourteenth Amendment" electionlawblog.org

#28 Sooooo...basically, the judiciary, when it comes to protecting our democratic institutions ...

Separation of powers, where the political question doctrine is grounded, is a democratic institution.

That said, somewhere, some how this issue will be decided by someone. "Lawfare" counts 31 pending court cases involving the issue. www.lawfaremedia.org We don't know how many may be pending before elections officials.

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