FINALLY. Dreeben explaining that Trump is not being prosecuted for official acts. Anything that could plausibly be characterized as an official act would be used for its evidentiary value re motive and intent for an illegal conspiracy in his capacity as a candidate for office,…

Barrett is asking some smart questions (like why not allow the public authority defense to function as a legal immunity question on the front end) and Dreeben is not offering clear answers, IMO. Did anyone understand his answer??

I’m having a really hard time following Dreeben’s argument

LOL is Kavanaugh saying he is worrying about “hampering” future Presidents, looking at the history of Independent Counsels and citing Clinton???!? He was Kenneth Starr’s right-hand lawyer.

I feel like Dreeben is making this more complicated than it needs to be. When asked what the bright line is, he needs to just say: When the President uses any official act for personal gain, it's not immune. Instead he's sort of rambling about complex separation of powers issues

Alito, our favorite woke warrior, brings up the Japanese internment in Korematsu... under the government's theory, couldn't FDR be criminally prosecuted? After all, Biddle and J Edgar Hoover advised against it and said there was no national security threat.

Alito: Could FDR have been charged for Japanese-American internment for conspiracy to violate civil rights? Dreeben: Yes.