Originally Posted by Rod Kaufman
SCOTUS is NOT concerned with the facts of a case! The CONS on the court have said so! And THAT is the only fact that matters!
This is an interesting point Rod. Any court of appeals (including the Supremes) has as a primary function the obligation to assure that the
law applied to the facts is the correct
law. In other words, is the law applied to the facts constitutional, a proper interpretation of statute and so on. So, the facts matter, but the court of appeals does not
determine the facts. That is the trial court and/or jury's job. The Supreme Court's opinion will be far more broadly applicable than to just this case alone.
Both the liberals and the conservatives on the Supreme Court grilled the attorneys for both sides with many hypotheticals. These hypotheticals matter because it will be up to the Supreme Court to direct the trial court as to which sort of acts by the president might be subject to immunity and which might not be. (This is going to be the broad opinion/rule I mentioned above). So, I disagree completely that the conservatives do not care about the facts. They do, but it is also their job to interpret the law such that future presidents know what kind of acts are subject to immunity and what kind are not.
The law has to be determined first, (since Trump raised the immunity defense) then a final determination of applying
that law to whatever facts are eventually proven at the trial court can be made.
This seems backward to you, but it is not because the immunity defense, if Trump were to win entirely (
he will not win entirely), it would mean that Trump would be immune from prosecution under any facts. The Court will not go there, but count on some well-defined class of official actions being subject to immunity. Jim