Jack Smith's 'Masterstroke' Supreme Court Move Has Risks
Phillip Bantz
December 15, 2023, Law360
For instance, the Supreme Court could hear arguments from both sides and then decide not to issue an opinion, punting the case back to the lower court.
"It could be a waste of time," said Joshua Robbins, co-chair of Buchalter PC's white collar and investigations practice. But he added that the Supreme Court "seems to be moving fairly expeditiously."
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Trump's immunity argument is "something akin to the divine right of kings," said Roger Stavis, co-head of Mintz & Gold's white collar criminal defense and investigations practice. "This means that if Donald Trump murdered a White House intern, then left office, he could not be prosecuted."
Robbins of Buchalter added, "I never met James Madison, but I suspect he wouldn't have been in favor of that theory when he was drafting the constitution."
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