Neal Katyal sounds semi positive about the SC

[senseandsensibility]

He thinks total immunity is a non starter. His prediction is that the court is open to some kind of compromise where non official acts are separated from official acts.
He was surprised that cheato's lawyer admitted that some of the acts he was charged with are not official. So he sees that as an opening. He also said that in order for cheato to be liable, the law he is accused of breaking does not have to specifically apply to the President in the statute. He seemed to think that the majority of the court agrees with this.

So, bottom line: he seemed positive but ended with the conclusion that timing will be everything. There's no reason that the above findings have to slow things down, but the court wants them to they will.

[JohnSJ]

1. I wouldn't bet on it. The questioning of the male justices indicated that they will be sending additional issues

back to the district court, they were not pleased with the grand jury system and the special counsel, implying that the case is only based on "political retribution".

Ignoring the fact that everyone was eye witness to what happened, and NO ONE SHOULD BE ABOVE THE LAW.

I am very pessimistic, and I do not think Katyal was that positive. In other words he said they "could" do certain things, but in no way did he suggest they would, and based on the questioning, I don't think they will.

[senseandsensibility]

3. Personally, I think it boils down to

if the heritage judges want to save cheato they will find a way to delay. So I am very pessimistic about them and their motives. By contrast, Neal did point out some positive aspects of their questioning. Whether it will make any difference or not is unknown, but if they don't announce their decision soon we can assume the worst IMO.

[JohnSJ]

5. I agree, and I think they will delay.

[MadameButterfly]

16. Right, I'd forgotten about the attack on the special counsel

is Jack Smith now at risk? i noticed they mentioned immunity in state and local govts. which has me worried about Georgia and the current case.

I don't know what they have the power to do.

[Deminpenn]

2. Andrew Weissman found a workaround

He said if the case is sent back to Chutkin, she can hold an evidentiary bench hearing to discern the factual record, call witnesses, etc just as would happen in a trial. She doesn't have to wait and there's nothing Trump will be able to do to keep all this evidence from becoming public.

[senseandsensibility]

4. That solution may be too logical for the conservatives

and it assumes good motives, which I'm not sure they possess. That being said, he's right of course.

[Deminpenn]

6. Kind of doubt conservatives think

that far ahead.

[getagrip_already]

8. since this involves immunity....

which is a privileged interruption of the trial, I'm not sure it can go on as part of the trial. The only reason they could raise it on appeal pre-trial is it was privileged. Otherwise it would have to be appealed post trial.

In any case, he would have the right to appeal any rulings on official/unofficial determinations once she made them. And the appeals would drag on.

[Deminpenn]

10. That doesn't matter, what's important

is that all the evidence becomes public.

[getagrip_already]

13. Well, it matters to the court, which is why the trial was interrupted for 4 friggin months.....

Normally you can't appeal anything on a pre-trial basis unless it involves privilege.

If it involves privilege, say 4th amendment, and it's impactful to the case, then you have the right to immediate appeal because it may mean you shouldn't be tried at all. But if you just want to appeal the use of a particular piece of evidence, or witness testimony, save it until after the case is over.

So they don't burden defendants with trial while waiting on appeal of privileged motions.

[Deminpenn]

21. Making all the evidence public is

the most important objective. The vast majority of Americans are too busy leading their lives to pay as close attention to politics as posters here on DU. But eventually they will start paying attention. That's why it's so critical to get all Jack Smith's evidence out in the public domain.

The Biden campaign has plenty of money. If need be they can buy time on broadcast, cable, streaming to play it all out.

[MadameButterfly]

17. except the undecided voters that concern us are waiting for someone else

to tell them if he's guilty or not. If they could wade through all the news and make their own conclusion, they would have done so by now.

[Deminpenn]

11. What matters

is that all the evidence becomes public.

[spooky3]

15. Weissmann has really grown on me. He's always informative. Nt

[pandr32]

7. I am concerned that TSF appointed three justices to the SC.

It seems squirmy for those three. If they rule that TSF has no immunity, even in his 'official capacity' then they could seem to undermine their own legitimacy. Because of this I would think they would grant immunity from charges for official acts and not unofficial ones.
The problem is that TSF would try to claim everything was done under the protection of office. Of course, that wouldn't work, but it would prolong the nightmare of him in our face all the bloody time as he drags his garbage out like toilet paper stuck to his shoe.

[MadameButterfly]

18. I don't know if they care about their legitimacy any more after today

and Trump will claim everything is an official act and he's gotten away with worse

[getagrip_already]

9. didn't he also say they wouldn't overturn roe v wade?

And didn't he say they wouldn't take this case up on appeal, and if they did, they would hear it right away?

His record isn't very good.

[bucolic_frolic]

12. Katyal steers middle of the road, he practices before the Court often

So I respect his opinions, but think his candor lacking.

[dem4decades]

14. Love Neal but he also said Gorsuch would be a good Justice. Neal makes mistakes too.

[Trust_Reality]

19. General observation

I see the most corrupt conservatives as trying to add complication and confusion. They seek to "unpack" various issues which seems to mean dig into them to make them confusing and subvert common sense. The benefit? Citizens will give up on the complicated laws and rely on an individual who promises to make things great. Simple, just rely on that one person and give him immunity to do whatever he claims is necessary.

[Quanto Magnus]

20. The conservative justices

are bad faith actors... They will contort themselves as much as they need to to let tRump off.... I have zero trust in them.

I hope I am wrong.