Cass Sunstein

It's inconsistent with the text of the Constitution, which calls for election of the House every two years and actually election of senators every six years.

So there's that.

Then we would get less lawyerly and think that we're canceling the outcome of something which is fundamental to our system in a way that makes self-government tatters.

So that's pretty unspeakably horrifying to cancel the midterms.

Insurrection, this is a term.

Its application to any set of events should be approached with caution and humility and fear and trembling.

And to wield the word insurrection would be

you know, not forbidden.

There could be an insurrection, but I'm looking out the window and not really seeing it.

Okay.

So if one is a treatise writer, one would say that under the Trump case, the president has absolute immunity for things that are in his core authorities, including oversight of, let's say, the Department of Justice.

Can't make what he says to the attorney general a criminal offense.

Pardon power is something where there's

absolute immunity.

Then there are other authorities, which are, if they're within his general presidential job, but not in the core, they are presumptive immunities, where you can overcome the immunity, showing that holding him subject to, let's say, criminal penalty after he's president wouldn't

compromise his ability to perform his job.

That's kind of the treatise writing.

So the music of the Supreme Court's decision in the Trump case is it's going to be really hard to hold the president criminally accountable for anything.

But outside of the core, it's not impossible.

That's the treatise.