From the Liveblog of
Monday, July 1, 2024
US Supreme Court sends Trump immunity case back to lower court, dimming chance of trial before election
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The US Supreme Court extends the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss, all but ending prospects the former president could be tried before the November election.
In a historic 6-3 ruling, the justices say for the first time that former presidents have absolute immunity from prosecution for their official acts and no immunity for unofficial acts. But rather than do it themselves, the justices order lower courts to figure out precisely how to apply the decision to Trump’s case.
The outcome means additional delay before Trump could face trial in the case brought by special counsel Jack Smith.
“Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” Chief Justice John Roberts writes for the court. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”
Roberts is joined by the other five conservative justices. The three liberal justices dissent.
The Times of Israel Community.