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

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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.

Updated: Jul. 01, 2024, 10:42 a.m.The Supreme Court in Washington, Sunday, June 30, 2024. 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 court’s decision in a second major Trump case this term, along with its ruling rejecting efforts to bar him from the ballot because of his actions following the 2020 election, underscores the direct and possibly uncomfortable role the justices are playing in the November election. In May, Trump became the first former president to be convicted of a felony, in a New York court. He was found guilty of falsifying business records to cover up a hush money payment made during the 2016 presidential election to a porn actor who says she had sex with him, which he denies. He still faces three other indictments.

But if he wins, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecution he faces. He could also attempt to pardon himself if he reclaims the White House. He could not pardon himself for the conviction in state court in New York. Justice Samuel Alito said there was no reason for him to step aside from the cases following reports by The New York Times that flags similar to those carried by the Jan. 6 rioters flew above his homes in Virginia and on the New Jersey shore. His wife, Martha-Ann Alito, was responsible for flying both the inverted American flag in January 2021 and the “Appeal to Heaven” banner in the summer of 2023, he said in letters to Democratic lawmakers responding to their recusal demands.

“For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the appeals court wrote in February. “But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution.”

 

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