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When is a retweet an official act?

Earlier this summer, SCOTUS ruled that Trump is “absolutely immune” for any official acts on January 6. In an October Non-Surprise, prosecutors are arguing that Trump is being charged for unofficial acts.

A partly-unsealed brief asserts, among other things, that Trump used his Twitter in a personal capacity while attempting to overturn the 2020 election, by tweeting and retweeting conspiracy theories and attacks on public officials. Although Trump sometimes tweeted about official White House business,

... he also regularly used the account to post on unambiguously private matters — for example, when he posted a picture of himself golfing with Jack Nicklaus and Tiger Woods at the Trump National Golf Club in Jupiter, Florida, and re-tweeted a Trump Organization post about the Trump New York hotel being “named the # 1 ‘Best Hotel in the World!’”