The Supreme Court ended a tumultuous term with one final sledgehammer blow on Monday. Its decision on Donald Trump’s claim of immunity from criminal charges forecloses any possibility that he will be tried for Jan. 6 before the election, substantially guts the prosecution and reshapes the Constitution to place the president singularly beyond the reach of criminal law.
And though there is some debate on this point, the court appears to go even further by imposing a presumption of immunity for conduct outside that perimeter unless the government shows that a prosecution would “pose no dangers of intrusion on the authority and functions of the Executive Branch.” How this will play out in the Jan. 6 prosecution is to some extent for U.S. District Judge Tanya Chutkan to try to figure out, with Trump challenging every move she makes along the way.
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