Most Read from BloombergThe court’s view may boil down to this: Was he acting as president or as a private citizen? Some of the nine justices indicated during oral arguments April 25 that in their view, former presidents can be prosecuted, but only over private conduct while in office. Presidents already enjoy civil immunity for “all acts within the ‘outer perimeter”’ of official duties,” according to a 1982 Supreme Court ruling in an unrelated case. The Supreme Court justices also revealed their thinking on private versus official acts in questioning Trump’s attorney during oral arguments. In the civil case, Trump’s lawyers were given several months to gather evidence on whether government resources were used to fund or organize the rally.
