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this post was submitted on 13 Dec 2023
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I'm no lawyer so I could be way off base, but does this set the groundwork for some kind of precedent?
"In May 1997 the Supreme Court unanimously rejected Bill Clinton's claim that the Constitution immunized him from civil lawsuits"
Isn't that already a precedent?
With the current supreme Court? Who the hell knows.
Roe vs Wade was a precedent.
Silly rabbit, precedents aren't a thing anymore.
Also no lawyer, but my understanding is that it doesn't. The appeals court hasn't ruled that presidential immunity wouldn't be a valid defence, but rather that Trump should have brought it up earlier if he wanted to use it.
Courts often take the most narrow view possible to answer the question. This is an example of that. The only question answered is "Can a president raise the issue of immunity at this stage in the trial", with the answer being "no". They didn't comment on if presidential immunity is valid in this situation. The only precedent set is that presidential immunity must be brought up at te start of litigation.