Nonilex on Nostr: In dissent, Justice #Sotomayor said that rule effectively makes any prosecution of a ...

In dissent, Justice #Sotomayor said that rule effectively makes any prosecution of a fmr president impossible bc w/so much #evidence off-limits, #intent would be extremely difficult to prove. “The majority’s extraordinary rule has no basis in #law,” she said.
She noted that other acts protected by the #Constitution can still be used in a #criminal prosecution — e.g., most speech. Jurors are often instructed that speech alone can’t be the basis for conviction but can be used to establish #motive.