Ray Brescia Sounds Alarm on Implications of SCOTUS Immunity Ruling

Ray Brescia (’92), Associate Dean for Research and Intellectual Life and Hon. Harold R. Tyler Chair in Law and Technology at Albany Law School, contributed an opinion to the Daily Beast pointing to broader dangers of the Supreme Court’s ruling on presidential immunity and its restriction on permissible evidence (“Immunity Corrupts. Absolute Immunity Corrupts Absolutely,” Jul. 2).[W]hat the Court did next should make one’s blood run cold. It then said that the district court, when reviewing the former president’s conduct, may not even consider evidence related to anything that might fall within the president’s official conduct. So, it’s not just that certain conduct is immune from prosecution, any evidence related to such conduct, even if it would shed light on clearly unofficial conduct, may not even enter the court’s analysis, let alone the courtroom. . . . [T]he procedural aspects of the case are not a bug, but a feature of this ruling. And the nation will not be better for them.”
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