The trial court is free to determine that lying to the VP for purposes of committing election fraud does not constitute an official act. The fact that they remanded the decision to the trial court instead of reversing the trial and appellate court is the “exception” you are looking for.
They denied his appeal. Ok? He claimed absolute immunity, they said “No, you only have immunity for your official acts. We aren’t going to save you here. The trial court is going to burn your ass.”
Talking to the VP about not confirming is protected. Lying to the VP about the reason why he should not confirm is not protected.
Did you find anywhere in the decision where they make an exception for lying?
The trial court is free to determine that lying to the VP for purposes of committing election fraud does not constitute an official act. The fact that they remanded the decision to the trial court instead of reversing the trial and appellate court is the “exception” you are looking for.
They denied his appeal. Ok? He claimed absolute immunity, they said “No, you only have immunity for your official acts. We aren’t going to save you here. The trial court is going to burn your ass.”