Washington.- The Supreme Court’s ruling on Monday in former President Donald Trump’s election interference case is all but a certainty that the Republican will not face trial in Washington before the November election.
The Supreme Court did not dismiss — as Trump would have wanted — the claim that he illegally plotted to stay in power after he lost to President Joe Biden.
But the ruling represents a significant victory for the presumptive Republican presidential nominee, whose legal strategy has focused on delaying the process until after the election.
Trump posted a message in capital letters on his social network shortly after the decision was announced: “THIS IS A GREAT VICTORY FOR OUR CONSTITUTION AND DEMOCRACY. I AM PROUD TO BE AN AMERICAN!!!”
The timing of the trial matters because if Trump defeats Biden, he could appoint an attorney general who would dismiss the case and other federal prosecutions he faces. Or he could pardon himself.
The court’s conservative majority said former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are entitled to immunity for all official acts.
Although they do not enjoy immunity for unofficial or private actions.
The ruling means special prosecutor Jack Smith cannot proceed without significant allegations in the indictment.
The judges will send the case back to District Judge Tanya Chutkan, who must “carefully consider” whether there are other allegations related to official conduct for which the president should not be prosecuted.
Smith’s team portrayed the scheme as a completely private action that involved no presidential responsibility.
The conservative justices did not answer the question of which side is right, saying that “determining that would be the right thing to do, and as to what conduct is proper, that requires a thorough analysis of the prosecution’s broad and interrelated allegations.”
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