Supreme Court Establishes Boundaries on Presidential Immunity, Postponing Election Interference Trial

TL/DR –

The US Supreme Court has ruled that former Presidents, including Donald Trump, hold limited immunity from prosecution – absolute immunity for clear official acts, but no immunity for unofficial acts. This distinction has not been explicitly defined, which will delay the federal investigation into election interference charges against Trump, as lower courts will need to determine the differences between official and unofficial acts. Despite this, the impending trial against Trump, who faces charges related to attempts to overturn the 2020 election results, will not be cancelled.

Defining “Official” and “Unofficial” Acts: Lower Courts to Determine Presidential Immunity Extent

The Supreme Court ruled by a 6-3 margin that former US Presidents, including Donald J. Trump, are entitled to limited immunity, with ‘absolute’ immunity for clearly official acts but none for unofficial ones, without defining the difference.

This ruling delays the investigation into election interference against Trump, which accuses him of conspiring to overturn the 2020 results. The ruling essentially sends the case back to lower courts to clarify “official” and “unofficial” acts definitions, but it won’t cancel the forthcoming trial.

The Timing of the Decision on Presidential Immunity

Trump faces three conspiracy charges and one obstruction of an official proceeding charge related to his efforts to retain power post his 2020 election defeat. These charges were laid by Special Counsel Jack Smith in August 2023.

Trump’s defense team appealed to avoid the trial by claiming absolute immunity, which broadly interprets presidential powers. They cited a 1982 Supreme Court case that provided such immunity in civil cases for presidential actions within the official duties’ “outer perimeter”.

However, the Supreme Court didn’t grant Trump the absolute immunity he sought to dismiss all federal charges. The federal trial will proceed as soon as Lower Courts determine which charges Trump may legally face, considering the Supreme Court’s ruling on presidential immunity.

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