That's because some of the evidence falls within the purview of the immunity decision, which means it must be tossed out. If the evidence must be tossed out, then it must be declared a mistrial. Unless I'm reading this wrong, that's what it says.
Two former U.S. Attorneys texted with me today, one raising questions about the D.C. federal prosecution and pointing to the relevant Justice Manual provisions 9-11.231, 9-11.232 and 9-11.233 which have to be front and center on Jack Smith's mind. "None of them specifically…
— Hugh Hewitt (@hughhewitt) July 2, 2024
Update: Looks like I read it right...
One of the major fallouts from this immunity ruling is the Supreme Court correctly held that you can’t gather and use evidence of the president’s internal deliberations on his official acts.
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) July 2, 2024
Because that would chill his official acts, of course.
And that’s exactly the evidence… pic.twitter.com/1TuxWCJh02
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