The Supreme Court extended the delay in the Washington, D.C., criminal case against Donald Trump on charges he plotted to overturn his 2020 election loss, ending prospects the former president could be tried before the November election, reports the Associated Press.
In a 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts and no immunity for unofficial acts. The justices ordered lower courts to determine how to apply the decision to Trump’s case.
The outcome means more delay before Trump could face trial in the case brought by special counsel Jack Smith.
The court majority said the president's immunity for official acts "extends to the outer perimeter of the President's official responsibilities, covering actions so long as they are not manifestly or palpably beyond his authority."
In a dissent, Justice Sonia Sotomayor said the decision "reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law. Relying on little more than its own misguided wisdom about the need for “bold and unhesitating action” by the President ... the Court gives former President Trump all the immunity he asked for and more."
The decision in a second major Trump case this term, after rejecting efforts to bar him from the ballot over his post-2020 election actions, underscores the role the justices are playing in the November election.
If Trump’s trial does not take place before the 2024 election and he is not given another four years in the White House, he could stand trial soon thereafter.
If he wins, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecution he faces.
The Supreme Court that heard the immunity case included three justices appointed by Trump — Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh — and two justices who opted not to step aside after questions were raised about their impartiality.
Trump’s trial had been scheduled to begin March 4.
A trial judge and a three-judge appellate panel had ruled unanimously that Trump can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6.