Immunity ruling likely to gut parts of criminal prosecution against Trump

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Chief Justice John Roberts made clear to the lower court that some of Trump’s actions actions were protected

The US supreme court’s decision on Monday to confer broad immunity to former presidents is likely to eviscerate numerous parts of the criminal prosecution againstThe court remanded the case back to the presiding US district judge Tanya Chutkan to apply a three-part test to decide which actions were protected – but Chief Justice John Roberts pre-emptively made clear that some were definitively out.

Trump is accused of overseeing a sprawling effort to subvert the results of the 2020 presidential election, including two counts of conspiring to obstruct the certification of the election results, conspiring to defraud the government, and conspiring to disenfranchise voters. The footnote appeared to be a clear warning to Chutkan that she could not use Trump calling up Republican members of Congress on January 6 and pressuring them to continue delaying the certification of the election results after the Capitol riot temporarily halted proceedings.

 

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