Supreme Court seems poised to allow Trump Jan. 6 trial, but not immediately

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Conservative and liberal justices grappled with the historic significance of the case, which will impact presidential power and Donald Trump’s D.C. trial.

Demonstrators dressed as kangaroos protest outside of the United States Supreme Court as the court hears the case regarding if Donald Trump is immune from prosecution for actions he took while in office on Capitol Hill in Washington, DC on April 25, 2024.

immunity for their official acts. Instead, a majority of justices seemed to be looking for a way to provide more narrow protections for a president’s core constitutional dutieswith some of the conservative justices especially concerned about hampering the power of future presidents. Most of the justices — and even the lawyers on opposite sides in the case — seemed to agree that a former president can be prosecuted for private conduct while in office.

That means the high court’s ruling is likely to require lower courts to separate out Trump’s official acts from his private onesas alleged in the indictment, before proceedings can restart in the election obstruction case. If the D.C. to concede that many of the alleged acts amount to private conduct that would not be shielded from prosecution.

D.C. Circuit opinion, which he characterized as saying in essence that “a former president can be prosecuted because he’s being prosecuted.” He said such circular reasoning “concerns me” in part because it relies only on a prosecutor acting in good faith with no other protections for the office of the presidency.

 

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