If the Supreme Court rules in the immunity case that in order for a statute to govern presidential conduct, Congress has to issue a clear statement to that effect in the relevant statute — i.e., refer to the President explicitly — then not only the so-called J6 charges against Trump in DC are toast … wait for it …
The Jack Smith Florida documents case is *also toast* because the Espionage Act is not designed to apply to Presidents.
Indeed, the whole presumption of the Espionage Act is that the Act is being applied to someone who lacks the power to declassify documents and simply must take their classification status as he finds them as set by the President or those acting under the font of his authority.
Presidents are different. A document marked classified can be unclassified by the President by order or by course of conduct.
The Jack Smith Florida documents case is *also toast* because the Espionage Act is not designed to apply to Presidents.
Indeed, the whole presumption of the Espionage Act is that the Act is being applied to someone who lacks the power to declassify documents and simply must take their classification status as he finds them as set by the President or those acting under the font of his authority.
Presidents are different. A document marked classified can be unclassified by the President by order or by course of conduct.
