Trump Wins Partial Victory: Supreme Court Says He Has Some Presidential Immunity From Charges

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Immunity,Supreme Court,2020 Election

Alison Durkee is a senior reporter covering breaking news, with a focus on legal issues and U.S. politics. She joined Forbes in 2020 and is based in London and New York, covering such topics as the Supreme Court, litigation against Donald Trump and clashes over abortion rights. Durkee previously covered U.S.

Will Trump Get Felony Conviction Thrown Out Over Supreme Court Immunity Ruling? Here’s What To Know—As Sentencing Faces Delay.Monday in a 6-3 ruling—which is likely to delay his federal criminal case for trying to overturn the election, but shouldn’t derail it entirely, as the court ruled he can still be charged for activities outside his official duties.

Justice Department prosecutors argued Trump’s immunity claims are “unfounded” and a president doesn’t have a “general right to violate” laws, arguing to the high court that the fact other ex-presidents haven’t been prosecuted before Trump “underscores the unprecedented nature of alleged conduct.” The ruling means that Trump is immune from being punished based on some of the conduct he’s been indicted for in his federal election case, such asDiscussions Trump had with then-Vice President Mike Pence—in which he told Pence not to certify the election results—constitute official acts, the court ruled, meaning Trump “is at least presumptively immune from prosecution” for those conversations, but it’s up to the lower court to decide whether he should actually be immune.

A lower court also still has to decide whether other acts were official or unofficial—like pressuring state officials to change results and speaking before the Jan. 6 riot—and Chief Justice John Roberts noted in the court’s ruling that “Trump asserts a far broader immunity than the limited one the Court recognizes.”It’s unclear when Trump’s case will go to trial—or how many charges he’ll now face when it does. The immunity issue will first have to go back to U.S.

 

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