'So You Concede That Private Acts Don't Get Immunity?': ACB Grills Trump's Lawyers In Immunity Case

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In oral arguments of Trump v. United States, Justice Amy Coney Barrett questioned former President Trump's lawyer John Sauer.  Fuel your success with Forbes. Gain unlimited access to premium journalism, including breaking news, groundbreaking in-depth reported stories, daily digests and more. Plus, members get a front-row seat at members-only events with leading thinkers and doers, access to premium video that can help you get ahead, an ad-light experience, early access to select products including NFT drops and more:  https://account.forbes.com/membership/?utm_source=youtube&utm_medium=display&utm_campaign=growth_non-sub_paid_subscribe_ytdescript   Stay Connected Forbes on Facebook: http://fb.com/forbes Forbes Video on Twitter: http://www.twitter.com/forbes Forbes Video on Instagram: http://instagram.com/forbes More From Forbes:  http://forbes.com

Transcript

00:00 Go ahead.

00:01 Go ahead.

00:02 So you concede that private acts don't get immunity?

00:04 We do.

00:05 Okay.

00:06 So in the special counsel's brief on pages 46 and 47, he urges us even if we assume that

00:13 there's, even if we were to decide or assume that there was some sort of immunity for official

00:17 acts, that there were sufficient private acts in the indictment for the trial to go, for

00:21 the case to go back in the trial to begin immediately.

00:24 And I want to know if you agree or disagree about the characterization of these acts as

00:27 private.

00:29 Petitioner turned to a private attorney who was willing to spread knowingly false claims

00:32 of election fraud to spearhead his challenges to the election results.

00:35 Private?

00:36 As alleged.

00:37 I mean, we dispute the allegation, but that sounds private to me.

00:40 Sounds private.

00:41 Petitioner conspired with another private attorney who caused the filing in court of

00:44 a verification signed by petitioner that contained false allegations to support a challenge.

00:49 That also sounds private.

00:50 Three private actors, two attorneys, including those mentioned above, and a political consultant

00:55 helped implement a plan to submit fraudulent slates of presidential electors to obstruct

00:59 the certification proceeding and petitioner and a co-conspirator attorney directed that

01:03 effort.

01:04 Uh, you read it quickly.

01:06 I believe that's private.

01:07 I don't want to.

01:08 So those acts you would not dispute.

01:10 Those were private and you wouldn't raise a claim that they were official.

01:13 As characterized.

01:14 We would say, your honor, if I may, that what we would say is official as things like meeting

01:17 with the department of justice to deliberate about who's going to be the acting attorney

01:20 general of the United States.

01:21 Sure.

01:22 American public communicating with Congress about matters of enormous concern.

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