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

WASHINGTON — The Supreme Court on Monday ruled for the first time that former presidents have some immunity from prosecution, extending the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss and all but ending prospects the former president could be tried before the November election.

“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.

The Republican former president has denied doing anything wrong and has said this prosecution and three others are politically motivated to try to keep him from returning to the White House. If Trump’s Washington trial does not take place before the 2024 election and he is not given another four years in the White House, he presumably would stand trial soon thereafter.

Justice Clarence Thomas’ wife, Ginni, attended the rally near the White House where Trump spoke on Jan. 6, 2021, though she did not go the Capitol when a mob of Trump supporters attacked it soon after. Following the 2020 election, she called it a “heist” and exchanged messages with then-White House chief of staff Mark Meadows, urging him to stand firm with Trump as he falsely claimed that there was widespread election fraud.

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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