David Noll 's avatar

David Noll

@david.noll.org

The basis for the evidentiary bar is the chilling effect on presidential deliberations if the president knew his actions could be reexamined in court. That seems to sweep in all kinds of proceedings, and the court certainly thinks it applies to civil suits.

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David Noll 's avatar David Noll @david.noll.org
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That said, I'd certainly distinguish it on the basis you suggest if I were filing a habeas petition.

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