Watch: Mike Johnson’s Brazen Trump Defense Is Pure Gaslighting



The ruling established that the president may not be indicted on conduct that is immune to prosecution, specifically including conversations between the president and his allies, nor can those acts be considered when trying to prove guilt.

“Testimony or private records of the President or his advisers probing such conduct may not be admitted as evidence at trial,” the ruling stated—a surprising new precedent in the face of 1974’s United States v. Nixon, which required then-President Richard Nixon to deliver tapes of his conversations in the Oval Office to a district court, a ruling that ultimately paved the way for his resignation.

A major part of special counsel Jack Smith’s case against Trump hinges on the allegation that Trump knew he had lost the election but continued to urge his supporters to subvert it via unlawful means. This includes demanding Pence delay certifying the nation’s votes, which Trump’s lawyer John Lauro essentially admitted in August was illegal. But now, those conversations cannot be used as evidence in the case.





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