Clinton v. Jones

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Presidential immunity

Can a President’s Absolute Immunity be Trumped?

It’s time to think hard about Nixon v. Fitzgerald.

Fitzgerald isn’t really part of the national security law canon; it’s a 1982 Supreme Court decision that is often cited for the proposition that the President has “absolute immunity” (meaning he cannot be sued in his personal capacity) for any acts he undertakes while he is President.

We’re about to experience a flood of litigation testing what the case really means.

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