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Biden has not given any indication he will end his re-election bid after a stumbling debate performance last week.
But it’s a scenario that was discussed during a tense call between the campaign’s aides and donors Sunday.
“This has this unique twist to it with Harris still being a part of the campaign and being considered part of the campaign from the get-go,” said Kenneth Gross, a senior political law counsel at Akin Gump and former associate general counsel for the Federal Election Commission.
Gross said he was unsure if Harris would be unable to access the funds if she remained the party’s vice presidential nominee without Biden.
Claire Rajan, a former FEC litigation attorney who leads Allen & Overy’s political law group, also agreed Harris could likely access the funds as the party’s presidential nominee, but was doubtful she could do so as the running mate to a different standard-bearer.
Rajan and Gross also noted that if Biden steps aside, the funds could be transferred to a charity or a super PAC, which would not be able to coordinate with the campaign.
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The right-wing pundits who promoted the Federalist Society were always a little vague on what their version of “originalism” really entailed, which led to widespread suspicions that it just meant whatever was politically beneficial to conservatives.
The ruling on presidential immunity is just the latest piece of evidence that shows that originalism was just a confidence game by the right to gain power.
The court’s conservative majority has revealed itself to be a corrupt political machine with both short- and long-term goals.
The court’s immunity ruling is nearly a blank check for Trump, a brazen attempt to protect him from his ongoing criminal cases and to grant him virtually unlimited power if he gets back into the White House.
It is not hard to imagine how differently the justices would have ruled if the question of presidential immunity had come before them in a case involving a Democratic president.
In quick succession, they have gone after voting rights, affirmative action, gun control, environmental regulations, while sending out the word that now is a good time for conservative lawyers to bring their most extreme lawsuits to the court in order to create more right-wing precedents.
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