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Trump Has Official Immunity. What About His Aides?

Phillip Bantz
Law360
November 6, 2024

Marc Frazier Scholl was quoted in Law360 on whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders.

However, the high court could take a different path and rule that the president's "unique status" served as the basis of the immunity decision and therefore the shield for official acts does not extend to a president's agents, according to white collar attorney Marc Scholl of Lewis Baach Kaufmann Middlemiss PLLC in New York.

"That the president has immunity for his official acts does not mean that the president's acts are legal or that the orders given to others are legal or lawful," he told Law360. "Just as soldiers must refuse to carry out an illegal order, those receiving an order from the president must refuse to follow an order to do something unlawful."

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