The Supreme Court justices also revealed their thinking on private versus official acts in questioning Trump’s attorney during oral arguments.

‘Manner and means’

The indictment didn’t break down Trump’s alleged conduct between the two categories. The document instead describes the “manner and means” in which Trump allegedly conspired to “obstruct and defeat” the federal government after he lost the election. Smith broke it down into five categories that all stem from Trump’s false claim that the election was rigged against him.

—Pressured state legislators and election officials to disregard the popular vote

—Organized fraudulent slates of electors in seven targeted states

—Attempted to use the Justice Department to conduct sham election crime probes and push states to accept false electors

—Attempted to enlist former Vice President Mike Pence to use his “ceremonial role” on Jan. 6 to fraudulently alter the election results

—Exploited the assault on the Capitol by a mob of his supporters to delay certification

Justices’ questions

Trump’s attorney, John Sauer, acknowledged during the April Supreme Court arguments that some alleged actions cited in Smith’s indictment sound like private business and could be prosecuted. Justice Amy Coney Barrett, one of three Trump appointees on the 6-3 conservative-leaning court, grilled Sauer on a list of actions.

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