Aaaaaa, I didn't say that???

Trump's attorney has rolled back much of what the former president previously argued

From CNN's Katelyn Polantz and Hannah Rabinowitz

No matter the close reading of the justices' questions, Trump attorney D. John Sauer has dialed back much of what Trump's team has tried to argue in court before — about the presidency, and even in Trump's own case.

Previously, Trump's team argued the entire indictment against him should be dismissed. But now Sauer is outlining pieces of the indictment that could be tested in court, while some could not.

So far, he has said:

• Trump calling Georgia Secretary of State Brad Raffensperger about finding votes is NOT official act
• Trump calling the Republican National Committee about fake electors IS an official act
• Trump calling the Arizona house speaker to hold a hearing on fraud IS an official act

This is a new aspect of Trump's arguments, where Sauer appears to be leaning into the justices wanting to set up a test for official acts versus non-official acts, potentially as a way to elongate pre-trial proceedings in this case.

In the bigger picture of the presidency, Sauer and Trump's team previously took the position in court that no federal criminal charges were possible about a president's time in office, unless Congress convicted the president in an impeachment proceeding.

Now, Sauer said to Justice Brett Kavanaugh that would only be the process that would allow a criminal case if the impeachment was about official acts.