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

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Tynin Fries joined The Denver Post in 2018 as an intern. Then, she joined the team as a Digital Strategist and was promoted to Deputy Director of Audience in 2022. She is a proud ASU Cronkite alumna (#godevs)! In between producing news and writing stories, Tynin is out exploring all that Colorado has to offer.

FILE – The Supreme Court is seen under stormy skies in Washington, June 20, 2019. In the coming days, the Supreme Court will confront a perfect storm mostly of its own making, a trio of decisions stemming directly from the Jan. 6, 2021 attack on the U.S. Capitol.

“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.

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.

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. Before the Supreme Court got involved, 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.

 

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