Kingsley wasn’t Imperiused, though it’s unclear if he stayed at the Ministry after it fell, as the next time he’s mentioned he’s on Potterwatch and possibly in hiding. There were at least some people who worked at the Ministry who remained not under the Imperius Curse when it fell. Some people at the Ministry remained not-Imperiused after it fell. Since the Death Eaters didn’t know where Harry was, either Scrimgeour didn’t tell them despite being tortured, or the rumor wasn’t true - but it’s unclear which it is. “Arthur heard a rumour that they tried to torture your whereabouts out of Scrimgeour before they killed him if it’s true, he didn’t give you away.” Though it’s never said whether it’s true, Arthur Weasley heard it as a rumor. It’s possible that Scrimgeour was tortured for information on where Harry was before he was killed. Scrimgeour was rumored to have been tortured before his death. Since he was also in the Order, and knew the Dark Lord and the Death Eaters were trying to take over the Ministry, it’s possible he was trying to protect Scrimgeour when the Ministry fell, which could be how he knew so quickly that it did. He was an Auror for the Ministry, so he worked there at the time, and would have a reasonable excuse for his continued presence at the Ministry.
Harry Potter and the Deathly Hallows, Chapter 8 (The Wedding) “Then the Patronus’s mouth opened wide and it spoke in the loud, deep, slow voice of Kingsley Shacklebolt. He knew right after it fell and sent a warning, so it’s likely he was somewhere he’d be in a position to know - possibly the Ministry itself. It’s not known how many, if any, Ministry officials tried to defend Scrimgeour, but the possibility exists that Kingsley could have been at the Ministry when it fell. Kingsley may have been at the Ministry at the time when it fell. There wouldn’t have been a duel, at least not one where many people at the Ministry could see it. Therefore, Scrimgeour wouldn’t have been killed by the Dark Lord or the Death Eaters showing up at the Ministry to kill the Minister since then it’d be obvious he was killed and didn’t really resign. Since they were claiming Scrimgeour resigned, and didn’t want to show they’d taken over the Ministry, they couldn’t overthrow him in any way that’d make it obvious that they had. Declaring himself might have provoked open rebellion: remaining masked has created confusion, uncertainty and fear.” Yes, Voldemort is playing a very clever game. They daren’t confide in each other, not knowing whom to trust they are scared to speak out, in case their suspicions are true and their families are targeted. “However, that is the point: they whisper. Though some people suspected, due to the changes in Ministry policies, that the Dark Lord was behind it, he stayed hidden and did nothing to openly prove that he took over the Ministry. Harry Potter and the Deathly Hallows, Chapter 11 (The Bribe) ‘The official version of Scrimgeour’s murder is that he resigned he has been replaced by Pius Thicknesse, who is under the Imperius Curse.” ‘The coup has been smooth and virtually silent,’ said Lupin. “But surely people realise what’s going on?’ This would mean that the Dark Lord and the Death Eaters wouldn’t have gone to the Ministry building to overthrow the Minister. Lupin, a member of the Order who would have been informed of what happened, described the takeover of the Ministry as happening virtually silently. It was done silently, so wouldn’t be an open Death Eater invasion. Their plan was to use the Imperiused officials to kill Scrimgeour, which is likely what they did. One failed attempt on the Minister’s life will set me back a long way.” Scrimgeour must be surrounded by our people before I act. This is also what the Dark Lord himself was planning, since he says that Imperiusing enough people to ensure the Minister is surrounded by their people before they try to kill him was crucial. Harry Potter and the Deathly Hallows, Chapter 1 (The Dark Lord Ascending) It will, I think, be easy, now that we have such a high-ranking official under our control, to subjugate the others, and then they can all work together to bring Scrimgeour down.” “Yes – my Lord, that is true – but you know, as Head of the Department of Magical Law Enforcement, Thicknesse has regular contact not only with the Minister himself, but also with the Heads of all the other Ministry departments. Yaxley implies this is the plan while talking to the Dark Lord. It’s most likely that the way Scrimgeour was killed was by the Ministry officials who were Imperiused. It’s likely Scrimgeour was killed by Imperiused Ministry officials.
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