When the Nixon case was decided, I thought that while it would give subsequent presidents the opportunity to claim executive privilege, which was not an established doctrine, I never thought it would lead to a former president claiming immunity from criminal prosecution. Yet here we are.
The way they formulated the question was if the former president alleges that he was acting as president, is there constitutional immunity? That's the most indulgent formulation for Trump's benefit. I'm pretty certain there are some justices who want to see Trump exonerated or spared from criminal trial.
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