During a recent Supreme Court hearing, Justice Clarence Thomas raised a crucial question to Trump's lawyer regarding how the justices should determine what constitutes an 'official act' by a president. This debate holds significant weight as Trump is asserting that all the allegations against him in the federal election subversion indictment were actually official actions carried out in the course of his presidential responsibilities.
If Trump's argument holds true, it could potentially shield him from prosecution. However, the Justice Department, represented by special counsel Jack Smith, strongly opposes this interpretation. They argue that Trump's actions were taken as a candidate to advance his campaign's interests rather than as a president acting in the best interest of the nation. Consequently, they maintain that these actions are subject to prosecution.