In a pivotal 6-3 decision, the U.S. Supreme Court ruled that former President Donald Trump has absolute immunity for core constitutional powers and a presumption of immunity for official acts but no immunity for unofficial acts. The ruling sends the case back to the trial judge to determine which of Trump’s actions were official duties, likely delaying the trial until after the 2024 election.
Chief Justice John Roberts, writing for the majority, criticized lower courts for their expedited decisions and failure to distinguish between official and unofficial acts. He emphasized that some allegations, such as Trump’s discussions with the Acting Attorney General, clearly fell within the scope of presidential duties and were thus immune from prosecution.
Justice Sonia Sotomayor, dissenting with Justices Elena Kagan and Ketanji Brown Jackson, argued that the ruling insulates presidents from criminal liability and undermines the principle that no one is above the law. She contended that the decision grants Trump extensive immunity, reshaping the presidency and judicial accountability.
The case, now returned to Judge Tanya Chutkan, requires her to separate protected official acts from prosecutable unofficial ones, a process expected to delay any potential trial further. Trump may also pursue additional delays through appeals on immunity questions. This ruling impacts the prosecution timeline, potentially allowing Trump to avoid trial before the 2024 election and possibly longer if re-elected.