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The Next Level

The Supreme Court Won't Save Us (The Secret Podcast PREVIEW)

The Next Level

The Bulwark

Politics, News, News Commentary

4.92.4K Ratings

🗓️ 26 April 2024

⏱️ 30 minutes

🧾️ Download transcript

Summary

And it's not clear that the SCOTUS would want to, even if it could.

Become a Bulwark+ member to listen to the full episode: https://plus.thebulwark.com/s/thesecretpodcast

Transcript

Click on a timestamp to play from that location

0:00.0

Hey there it's J. V. L. on the secret show with Sarah Longwell today we talked all about the Supreme Court oral arguments about Trump's immunity claim.

0:10.0

It's a it's a big show here we go The George thing was interesting so I was on TV with David from this morning and he had a pretty similar take to what George did which was look the the guy who was taking Trump's position right the total immunity that

0:39.0

the judges are like that's stupid like like that nobody nobody's gonna take the idea of blanket immunity seriously because you

0:49.2

set up these preposterous hypothetical not preposterous you set up these hypotheticals that are like okay so Biden could in his official capacity

1:00.0

order the military to kill his political rival Donald Trump because he is corrupt and that's an official act and therefore he'd be immune from that and you know the lawyers kind of like well it would depend on the specifics but again and your hypothetical sure you'd be able to do that right and so

1:15.5

George's point and I think David's point this morning were sort of both like

1:19.7

there was no need for the lawyers to sit after that and like spend a long time on this because

1:26.2

that's nobody's going to give blanket immunity.

1:29.2

Then the part where they were questioning the state's attorney, right?

1:33.6

Which is what I think has people really freaked out.

1:36.0

It's just like looked like they were taking very seriously,

1:39.5

the extent to which they spent time prodding the hypotheticals for a future president was kind of like,

1:48.0

oh my God, like they're just not being laughed out of court, they're taking this seriously,

1:52.0

they're trying to figure out all of the different ways that it could apply.

1:55.7

George's Point and David's was like, this is an intellectual exercise that comes from the need to,

2:01.8

if you're gonna rule on this, it's gonna have implications forever.

2:08.0

And you have to be, like, George was saying this thing on the show about how hard cases make bad laws because

2:15.8

That is a truism. You know, you have to take these incredibly difficult cases and try to turn them into something that can apply to all other

2:27.2

hypothetical cases in the future, right? So it sounds like what they will do or is what George thought they would do and what David

2:37.0

seemed to think they would do is that like on the narrow question of whether and this was

2:41.6

Judge Lutick also who's a friend was saying and I would say my reaction was the closest to his where I listened to it and I was like why why are they entertaining this?

2:52.6

Like, why aren't they just saying, well,

...

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