The ruling means that special counsel Jack Smith may not be able to go to trial with charges against former President Donald Trump in the 2020 election interference case.s 2020 election interference case makes it all but certain that the Republican will not face trial in Washington ahead ofdid not dismiss — as Trump had wanted — the indictment alleging he illegally schemed to cling to power after he lost to President.
Among the issues for further analysis is Trump’s relentless badgering of then-Vice President Mike Pence to not certify the electoral votes. The justices said it was “ultimately the Government’s burden to rebut the presumption of immunity” in Trump’s interactions with Pence. The Smith team, by contrast, portrayed the scheme as a purely private action that implicated no presidential responsibility.
In a separate dissenting opinion, Jackson said the majority’s ruling “breaks new and dangerous ground.”
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