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Additionally, “[t]he public looks to the President, as the leader of the Nation, for guidance and reassurance even on matters over which the Executive Branch—or the federal government as a whole—has no direct control. From the actions of Congress and the Judiciary, to the policies of state and local governments, to the conduct of private corporations and individuals, the President can and must engage with the public on matters of public concern.” Blassingame Amicus Br. at 12. Thus, even where a President’s actions are “directed toward the constitutional responsibilities of another Branch of government,” or concern “matters for which the President himself bears” no direct constitutional or statutory responsibility, id. at 11–12, his actions are often still within the “outer perimeter” of his official duties, see Fitzgerald 457 U.S. at 756.

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Additionally, “[t]he public looks to the President, as the leader of the Nation, for guidance and reassurance even on matters over which the Executive Branch—or the federal government as a whole—has no direct control. From the actions of Congress and the Judiciary, to the policies of state and local governments, to the conduct of private corporations and individuals, the President can and must engage with the public on matters of public concern.” Blassingame Amicus Br. at 12. Thus, even where a President’s actions are “directed toward the constitutional responsibilities of another Branch of government,” or concern “matters for which the President himself bears” no direct constitutional or statutory responsibility, id. at 11–12, his actions are often still within the “outer perimeter” of his official duties, see Fitzgerald 457 U.S. at 756.
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Teri Kanefield (teri_kanefield@law-and-politics.online)'s status on Friday, 06-Oct-2023 01:41:56 UTC Teri Kanefield
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Here is the fatal flaw in his argument: He claims that anything he does as president falls within the outer perimeter of his duties.
Also, he is quoting from an amicus brief. (Screenshot #1)
I found the brief he is quoting. You can see the original brief he is citing in screenshots #2 and #3.
Well, goodness. The brief he is citing says the language of incitement is not part of a president's duties.
The main point: An amicus brief is not law. It isn't authority for anything.
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