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

5 months ago

In oral arguments of Trump v. United States, Justice Amy Coney Barrett questioned former President Trump's lawyer John Sauer.

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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.

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

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