Former President Trump’s Trial in Georgia Could be Delayed Due to Supreme Court Immunity Ruling
TL/DR –
The U.S. Supreme Court has ruled that former President Donald Trump has immunity from prosecution for certain official acts during his presidency, but not for unofficial acts. This decision means that the district court in the federal election interference case and a Georgia court will need to determine which acts charged against Trump are official and unofficial, thereby potentially delaying the trials. The ruling came from a four-count federal criminal indictment against Trump for allegedly trying to overturn the 2020 presidential election.
Supreme Court Ruling on Trump’s Immunity May Delay Trials
The U.S. Supreme Court decided 6-3 on Monday that former President Donald Trump may have immunity for certain “official” acts during his presidency. However, immunity does not cover “unofficial” acts such as those in his personal capacity or as a reelection candidate. The district court handling the federal election interference case must now distinguish which acts are official or unofficial, which could delay the trial.
This ruling stems from a four-count federal criminal indictment against Trump in Washington, D.C. for allegedly attempting to overturn the 2020 presidential election.
The conclusion suggests Trump likely had immunity for his communication with the Justice Department and with then-Vice President Mike Pence. However, Chief Justice John Roberts stated that communication with state officials to push a fraudulent electoral slate was different. The case was sent to a lower court to determine which actions are official.
One expert suggested that the ruling could slow down Georgia’s separate attempt to bring Trump and his allies to trial for pressuring Georgia Secretary of State Brad Raffensperger and others to alter Georgia’s results favoring Trump.
Emory University School of Law Prof. Jonathan Nash stated that the ruling may require the prosecution in Georgia to adjust its strategy and respond to new arguments. He noted that establishing a scheme of fake electors is not something the constitution directly calls for.
Due to the court decision, it’s unlikely that either the federal or the Georgia case will come to trial before the November presidential election. In addition to the trials in Washington, DC and Georgia, Trump was found guilty of 34 felonies last month for falsifying business records to conceal payment to an adult film actress prior to the 2016 presidential election. He has also been federally indicted for illegally taking classified documents from the White House.
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