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Trump is the Republican candidate challenging Biden, a Democrat, in the November 5 US election in a 2020 rematch. The Supreme Court’s slow handling of the case, coupled with its decision to return key questions about the scope of Trump’s immunity to the lower courts to resolve, make it improbable he will be tried on federal election subversion charges brought by Special Counsel Jack Smith before the election.
The court found Trump was absolutely immune for conversations with Justice Department officials. Trump is also “presumptively immune” regarding his interactions with Pence, it decided, but returned that and the two other categories to lower courts to determine whether Trump has immunity. “Sorting out the court’s opinion and how it applies is going to take a while,” Georgetown University law professor Erica Hashimoto added. “No chance of a pre-election trial.”
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