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“How do you put a value on those things? It’s a judgment call,” said Morales.

“Senate parliamentarians are put in an impossible position because ‘merely incidental’ is inherently a judgment call.”

For us, it's a judgment call: What feels like it's relevant to the issues that they're trying to figure out?

Anything that falls outside of that should be viewed with presumptive immunity, but lower courts have to make a judgment call by asking themselves if the actions in question “enable the President to carry out his constitutional duties without undue caution.”

“That depends on how intricate the sequences are going to be, how intimate. It’s a judgment call and a money call, and the money usually wins.”