The decision likely ensures that the case against Trump won’t be tried before the election, and then only if he is not reelected.
The U.S. Supreme Court, in a 6-3 decision along ideological lines, ruled that a former president has absolute immunity for his core constitutional powers — and is entitled to a presumption of immunity for his official acts, but lacks immunity for unofficial acts. But at the same time, the court sent the case back to the trial judge to determine which, if any of Trump's actions, were part of his official duties and thus were protected from prosecution.
Even after Judge Chutkan separates the constitutional wheat from the chaff, Trump could seek further delays, as immunity questions are among the very few that may be appealed prior to trial. Monday's Supreme Court decision came months after the court agreed to hear the case Feb. 28 and scheduled arguments for two months later. Court critics have noted that the justices could have considered the case as early as in December, when Justice Department special counsel Jack Smith unsuccessfully sought review of the same questions later put forward by Trump.All of this stands in stark contrast to the way the court has handled other presidential power cases.
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