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So Smith obviously figured: Just get the issue out of the way now.

I'm sure Trump was planning to raise is silly absolute immunity issue elsewhere, so this will make short work of it.

Looks like there is precedent for this. Smith offers the citation: SCOTUS didn't wait for the appellate court in United States v. Nixon.

The brief then gives the procedural history (emphasizing that a grand jury returned the indictment) and the lower court's ruling against Trump's immunity claims.

7/