On Monday, the US Supreme Court ruled that former President Donald Trump enjoys some immunity from prosecution for actions taken while in office, a decision that will likely delay his trial for conspiring to overturn the 2020 election. The 6-3 decision, split along ideological lines, comes just four months before the election in which Trump is the Republican candidate challenging Democrat Joe Biden.
In his majority opinion, Conservative Chief Justice John Roberts stated that a president has “absolute immunity” from criminal prosecution for official acts conducted during their tenure. However, Roberts clarified, “There is no immunity for unofficial acts,” and sent the case back to a lower court to determine which of the charges against Trump involve official or unofficial conduct.
The court’s three liberal justices dissented. Justice Sonia Sotomayor expressed strong opposition, stating, “Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law.” She concluded her dissent with, “With fear for our democracy, I dissent.”
Originally, Trump’s trial date for the election case was set for March 4, well ahead of his November rematch with President Joe Biden. However, the Supreme Court, dominated by conservatives including three justices appointed by Trump, agreed in February to hear his argument for presidential immunity, putting the case on hold while they deliberated.
Trump, facing four criminal cases, has been working to delay his trials until after the election. On May 30, a New York court convicted Trump on 34 felony charges of falsifying business records to cover up a sex scandal during the final stages of the 2016 presidential campaign, making him the first former US president ever convicted of a crime. His sentencing is scheduled for July 11.
While many legal experts considered the New York hush money case the weakest of the four cases against Trump, it is likely the only one that will go to trial before the election. By filing numerous pre-trial motions, Trump’s lawyers have successfully delayed the other three trials, which involve his efforts to overturn the 2020 election results and the alleged hoarding of top-secret documents at his Florida residence.
If reelected, Trump could potentially order the federal trials against him closed once he is sworn in as president in January 2025.
