New documents leaked Sunday target memos written by Supreme Court Chief Justice John Roberts in cases involving former President Donald Trump, reports the New York Times.
Roberts took the lead in Trump's cases on whether U.S. states could remove the former president from their ballots over his role in the Jan. 6 attack on the U.S. Capitol and the case concerning prosecution of the Jan. 6 rioters.
He made no secret of what he thought his colleagues should do.
"As I read it, it says simply a former president can be prosecuted because he's being prosecuted," he said of a lower court's judgment.
"I think it likely that we will view the separation of powers analysis differently."
In both cases, Roberts wrote the majority opinion. The Supreme Court in July ruled for the first time that former presidents have broad immunity from prosecution, extending the delay in the Washington criminal case against Trump on charges he plotted to overturn his 2020 presidential election loss and all but ending prospects the former president could be tried before the November election.
The month prior, the high court limited a federal obstruction law that had been used to charge hundreds of Capitol riot defendants as well as Trump.