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The Lawfare Podcast
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (July 5, 2024)
Jul 7, 2024
Lawfare editors and legal experts discuss the Supreme Court's decision in Trump v. United States and its implications for ongoing cases against former President Trump. They analyze the challenges in applying the new standard, legal complexities in evidence presentation, and potential Supreme Court interventions. The podcast also explores the impact of presidential immunity, strategic considerations in Trump's trial, and the selection of staff for a president under prosecution.
01:24:55
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Quick takeaways
- Supreme Court creates three-tiered system for evaluating immunity claims of former presidents.
- Liberal bloc on Supreme Court expresses concerns about broad immunity potentially hindering deterrence of criminal conduct by sitting presidents.
Deep dives
Supreme Court's Three-Tiered System for Presidential Immunity
The majority opinion by Chief Justice Roberts creates a three-tiered system for evaluating claims of immunity by former presidents. The first tier consists of material within the exclusive core of executive authority. The second tier includes anything considered an official act presumptively immune. The final tier covers anything not official, leaving uncertain boundaries between the second and third categories.
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