Donald Trump has immunity from criminal prosecution for some actions he took as president while attempting to overturn the 2020 election, the Supreme Court ruled Monday. This decision complicates efforts to put Trump on trial in Washington on charges that he engaged in fraud to retain power.
The 6-3 decision, divided along ideological lines, nullified key allegations made by special counsel Jack Smith, including claims that Trump tried to use the Justice Department to spread false voter fraud claims. However, the ruling leaves much unresolved, sending the case back to the trial court for further proceedings. U.S. District Judge Tanya Chutkan must now differentiate between Trump’s official actions as president and his actions as a presidential candidate, a process that could delay the trial by months, potentially past Election Day.
Chief Justice John Roberts declared that former presidents have “absolute” immunity from criminal prosecution for actions within their “core constitutional powers.” However, he clarified that there is no immunity for “unofficial acts.”
One challenge for Chutkan is the ambiguity surrounding the scope of Trump’s immunity for actions related to his office but not specifically covered by presidential powers under the Constitution. The majority opinion suggests such acts may be immune but did not resolve the issue definitively.
This leaves open whether Trump’s interactions with then-Vice President Mike Pence leading up to January 6, 2021, are considered “official” and therefore immune, or if they remain part of the criminal case. Chutkan will also need to decide on Trump’s efforts to pressure state officials to reverse certified election results.
The opinion highlighted a deeply divided court, with the three liberal justices vehemently dissenting. Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, called the majority’s decision “utterly indefensible,” warning it would have disastrous consequences for the presidency and democracy.