Supreme Court sends Trump immunity case back to lower court, dimming chance of trial before election

WASHINGTON — The Supreme Court on Monday extended the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss, all but ending prospects the former president could be tried before the November election.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.

“Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” Chief Justice John Roberts wrote for the court. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.

Smith is leading the two federal probes of the former president, both of which have led to criminal charges. The Washington case focuses on Trump’s alleged efforts to overturn the 2020 election after he lost to Democrat Joe Biden. The case in Florida revolves around the mishandling of classified documents. The other case, in Georgia, also turns on Trump’s actions after his defeat in 2020.

The Supreme Court that heard the 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.Supreme Court overturns 1984 Chevron precedent, curbing power of federal government

Trump’s trial had been scheduled to begin March 4, but that was before he sought court-sanctioned delays and a full review of the issue by the nation’s highest court.

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