Shorter Jack Smith

2) Pence told Trump he saw no evidence of outcome-determinative fruad. They had MANY conversations, some detailed in Pence's book, which prosecutors cite. pic.twitter.com/Wjo5l01hXW

— Kyle Cheney (@kyledcheney) October 2, 2024

3) Smith says he plans to prove at trial that Trump and his alies made up claims about noncitizen voters out of whole cloth. pic.twitter.com/QLk25YmlQk

— Kyle Cheney (@kyledcheney) October 2, 2024

4) Trump repeatedly promised to "package up" and provide evidence to Gov. Ducey, Gov. Kemp and Rusty Bowers re: election fraud but never did. pic.twitter.com/n1kxnbJniR

— Kyle Cheney (@kyledcheney) October 2, 2024

"These are not the official actions you are looking for.”

IOW: ETTD, even the Roberts Court, who believed Trump’s lies (because they couldn’t have reviewed all of Smith’s evidence) and thought everything he’d done was “official.”

"This motion provides a comprehensive account of the defendant’s private criminal conduct; sets forth the legal framework created by Trump for resolving immunity claims; applies that framework to establish that none of the defendant’s charged conduct is immunized because it…

— Tim O'Brien (@TimOBrien) October 2, 2024

"At its core, the defendant’s scheme was a private one; he extensively used private actors and his Campaign infrastructure to attempt to overturn the election results and operated in a private capacity as a candidate for office."

— Tim O'Brien (@TimOBrien) October 2, 2024

Will Roberts double-down and decide “When the President does it, it’s legal?” I think the Amendment to overrule that would be tied with Congressional action to remind the Court it’s still an Art 3 institution (i.e., subject to Congress) for passage.