Donald J. Trump’s lawyers want to argue that a Supreme Court decision giving presidents immunity for official acts should void his felony conviction for covering up hush money paid to a porn star.
Only if the prosecutors can successfully prove they weren’t official acts, which will be non-trivial since so many things (like talking to advisors) are themselves official acts. It’s really unclear how functionally pierceable that outer layer of presumed immunity is. The burden to bypass it is placed with the prosecutors, and any decision can be appealed back to the Supreme Court that wrote a whole nonsense provision to protect him even in this state trial.
Only if the prosecutors can successfully prove they weren’t official acts, which will be non-trivial since so many things (like talking to advisors) are themselves official acts. It’s really unclear how functionally pierceable that outer layer of presumed immunity is. The burden to bypass it is placed with the prosecutors, and any decision can be appealed back to the Supreme Court that wrote a whole nonsense provision to protect him even in this state trial.