No. of Recommendations: 1
Determining whose characterization may be correct, and with respect to which conduct, requires a fact-specific analysis of the indictment’s extensive and interrelated allegations. The Court accordingly remands to the District Court to determine in the first instance whether Trump’s conduct in this area qualifies as official or unofficial.
At my own peril following behind Albaby, let me take a crack at this.
The prosecutors argue that a president (Trump) has no authority to intervene in state elections on his own. Trump says he does. This is a question of whether this action is part of the president's core duties, his peripheral duties, or outside of this duties, so hearings and evidence are needed to make that determination. Once there is evidence and arguments, then the district court judge can make a decision based on the evidence and arguments. Because that hasn't been done in the case yet (because the Supremes just added that requirement), the case has to go back to the district court for appropriate hearings with evidence and arguments.
They haven't crowned a king quite yet. But it is setting the stage to do so. The district court will make their determination, and it will almost certainly get appealed. The appellate court then gets a crack at it - and no matter what they decide, it will get appealed to the USSC. Again. Then if they say this is a core presidential duty because everything a president does is legal (thanks Richard) - oops, I mean a core presidential duty, they will have put the crown on his head.
--Peter <== waxing cynical there at the end
