The idea that the president's intent is immaterial is so nuts and dangerous. Consider the following hypothetical that someone once offered on my show (I can't remember who).
A municipality passes a new ordinance that requires every homeowner to put their garbage out on Friday night after 7pm for pick up early the next morning. Failure to do this will result in citations and stiff fines.
Obviously this is a perfectly legitimate policy, if maybe a bit onerous. But now imagine that the municipality has recently seen a large influx of Orthodox Jews, and the intent of policy is to penalize observant Jews and push them out of the town.
Obviously if this is the intent, it's completely unconstitutional and lawless! And if, say, there's an email that turns up in which the town Mayor says "I think the garbage thing we're doing is finally got put a stop to the Jews" that would be explosively relevant!
But the logical conclusion of the argument Trump's lawyers are making here is: you can't see that email. Sorry. And even if you get the email, it's still fine because the Mayor is *also* concerned about garbage compliance.
I mean, come on.
I mean, come on.
