Will Trump ever stand trial in the Jan. 6 case after SCOTUS ruling on immunity?

victory for former President Donald Trump in his bid to thwart the federal election-interference charges against him, even if the US Supreme Court did not specifically toss the raps, experts say.

Either way, Trump — who is leading election foe President Biden in most major polls — will have more tools in his arsenal to fend off the charges if he becomes president again. “Like everyone else, the President is subject to prosecution in his unofficial capacity. But unlike anyone else, the President is a branch of government, and the Constitution vests in him sweeping powers and duties,” Chief Justice John Roberts Before this decision, presidents were generally understood to have broad immunity from civil litigation pertaining to their official duties thanks to the 1982 Nixon v. Fitzgerald case.

Prosecutors have previously said they don’t believe Trump was acting in an official capacity in the events revolving around the infamous date. Justice Amy Coney Barrett, who wrote a partial concurrence, noted that presidents can still be prosecuted if the statute covers official conduct, provided that doing so doesn’t intrude on “authority and functions of the Executive Branch.

“There is simply no presidential function that Trump can claim he was acting under when he demanded that Mike Pence not certify the vote,” he later said, referring to the vice president at the time. “I don’t think we should wring our hands too much about the capacity of these cases to move forward.”Hockett also contended that most of Trump’s actions were done in his “nominally official capacity,” but he will try to lean into that while seeking to get immunity.

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