Former President Trump's attorney argues that the 'fake electors' scheme is an official act and should be immune from prosecution under the recent Supreme Court ruling on presidential immunity.
Key Points
Some acts in the federal election subversion case are considered official duties.
Presidents are immune from criminal prosecution for core presidential powers.
Allegations like the scheme to overturn election results require more scrutiny.
Pros
Argues that the assembly of alternate electors was an official act of the presidency.
Believes that stripping official acts from the indictment weakens the case against Trump.
Cons
Justice Amy Coney Barrett disagrees with the majority's decision on prosecution of the alleged conduct.
Requires further analysis at the district court level.