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Reason
Reason
Jonathan H. Adler

Jack Goldsmith on Why SCOTUS Should Review the D.C. Circuit's Decision on Presidential Immunity

Jack Goldsmith SCOTUS Donald Trump DC Circuit

I have a generally favorable view of the U.S. Court of Appeals decision in United States v. Trump, concluding that Donald Trump does not have absolute immunity from prosecution for his actions seeking to overturn the 2020 presidential election results.

The 57-page opinion is careful and thorough, and was produced on a short timeline. The panel released the opinion a scant 28 days from oral argument and was unanimous. It also reached the correct result (a point on which my co-blogger Keith Whittington agrees).

Harvard law professor Jack Goldsmith agrees that the court reached the correct conclusion, but believes the case nonetheless merits Supreme Court review. He makes the case over at the Lawfare blog. His essay begins:

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