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originally posted by: frogs453
a reply to: Vermilion
She is tasked with determining if Trump using his campaign/outside counsel to conspire a slate of false electors was private acts or official acts that have immunity. Per Scotus. You may feel his campaign for Presidency is part of official duties as the President. Others may feel that his campaign is not officially a duty of the President. Both sides will present their arguments.
"The indictment's allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification proceeding thus involve official conduct, and Trump is at least presumptively immune from prosecution for such conduct," Roberts wrote.
"The question then becomes whether that presumption of immunity is rebutted under the circumstances," he added.
Roberts acknowledged the broad range of other conduct in Trump's indictment, including false claims of voter fraud, the alleged fake elector scheme, and his actions on Jan. 6.
The court asked the lower district court to determine whether these actions —which involved state governments, private actors and the public — were taken in an official or unofficial capacity.
"Determining whose characterization may be correct, and with respect to which conduct, requires a fact-specific analysis of the indictment's extensive and interrelated allegations," Roberts wrote.
originally posted by: wAnchorofCarp
a reply to: RickinVa
They'll have to provide evidence without assuming any intent.
Certainly have their work cut out for them....
originally posted by: frogs453
a reply to: Vermilion
"The indictment's allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification proceeding thus involve official conduct, and Trump is at least presumptively immune from prosecution for such conduct," Roberts wrote.
"The question then becomes whether that presumption of immunity is rebutted under the circumstances," he added.
Roberts acknowledged the broad range of other conduct in Trump's indictment, including false claims of voter fraud, the alleged fake elector scheme, and his actions on Jan. 6.
The court asked the lower district court to determine whether these actions —which involved state governments, private actors and the public — were taken in an official or unofficial capacity.
"Determining whose characterization may be correct, and with respect to which conduct, requires a fact-specific analysis of the indictment's extensive and interrelated allegations," Roberts wrote.
Again, Judge Chutkin will hear these arguments. He has no blanket immunity.
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