I have a different take and I think the Chief Justice is being intentionally vague here. He references a bribery prosecution but never specifically mentions in the footnote whether he is referring to the issuance of a pardon, which is a core function, and thus entitled to absolute immunity based on the rest of the opinion. It’s also not clear whether he is referring to a prosecution of the briber or the person being bribed.
I have a different take and I think the Chief Justice is being intentionally vague here. He references a bribery prosecution but never specifically mentions in the footnote whether he is referring to the issuance of a pardon, which is a core function, and thus entitled to absolute immunity based on the rest of the opinion. It’s also not clear whether he is referring to a prosecution of the briber or the person being bribed.