FILE - Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson.
The justices said the lower court must “carefully analyze” whether other allegations involve official conduct for which the president would be immune from prosecution. The Smith team, by contrast, portrayed the fake elector scheme as a purely private action that implied no presidential duty. No pre-trial preparations have taken place in more than six months since Chutkan put the case on hold in December to allow Trump to pursue his appeal. Chutkan had indicated she's likely to give the two sides at least three months to get ready for trial once the case returns to her court. That had left the door open to the case potentially going to trial before the election if the Supreme Court — like the lower courts — had ruled that Trump was not immune from prosecution.
“Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law,” Sotomayor wrote.
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