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Jacob T. Levy@jacobtlevy.bsky.social |
(I *think* immunity is an affirmative defense, though there's some material in the majority opinion that makes it seem like a jurisdictional bar that couldn't be waived.)
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Dr. Ashok Karra
@akarra.bsky.social
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also, justice jackson's dissent seems to say that immunity is prior to any prosecution or defense, especially as laid out by the majority -- they say "core constitutional acts" have "absolute immunity." the burden of proof is on the prosecution to show potus is not immune
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