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Habba in the administration

I think customary presidential conduct should be a factor to be considered.
Presidents are politicians. They customarily campaign. Does that mean campaigning is a core function of the presidency or an official act? Of course not. They raise money from donors frequently. Is raising money for your political party an official act? Again, that would be silly.
 
Yep. That should have been the issue from the beginning, but the trial court and CA weren’t having it.
They were not. And it was an issue of first impression, as the SCt. noted. Going back to the discussion with crazed, the Constitution is indeterminate on this issue. Those judges wrote opinions that were reasonable, and cited the relevant law, especially when faced with arguments by Trump's team that he couldn't be tried for a crime unless he was first impeached and that he had total immunity for every act conducted while he was President, all the way up to and including the Seal Team 6 hypo, unless he was impeached. As you know, many decisions are limited by the quality of the lawyering in front of the court.

So what's your proof of Habba's nuanced and deep understanding of immunity law that is better than those judges?
 
Presidents are politicians. They customarily campaign. Does that mean campaigning is a core function of the presidency or an official act? Of course not. They raise money from donors frequently. Is raising money for your political party an official act? Again, that would be silly.
Agree about the fund raising. What could be the test for a campaign speech? Biden’s last SOTU was a campaign speech, but it has official trappings.
 
Agree about the fund raising. What could be the test for a campaign speech? Biden’s last SOTU was a campaign speech, but it has official trappings.
I think you can figure out some good, relevant questions: Where was it? Who paid for it (lights, location, etc.)? What was the purpose? Was it part of the Pres.'s listed Constitutional duties? Something necessary to carrying them out?
 
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