The indictment’s scope – Everything alleged in the indictment is a presidential act, Sauer argued. END

Judge Karen Henderson raised a distinction between ministerial and discretionary acts outlined in the 1803 Supreme Court case of Marbury v. Madison.

Mr. Sauer responded that distinction has been held for subordinate officers. Nothing in this case can be remotely described as ministerial, Sauer argued. Even if that distinction goes up to the president, it wouldn’t save the indictment, he added.

Judge Henderson responded, saying Sauer was missing what she was asking. She said it’s “paradoxical” to say Trump’s constitutional duty to execute laws allowed him to violate criminal law.

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