 He was acting in his official capacity as president, investigating claims of voter fraud. However, the special counsel argued that no one is above the law and that the former president's actions were not part of his official duties in office. The timing of today's decision is also critical and could influence the upcoming November election. By holding on to the case until early July, it's now very unlikely the former president will stand trial before the presidential election. In Washington, Nicole D'Antonio, News Center 7.