The Supreme Court says presidents do not have total immunity from criminal prosecution, but some of former President Donald Trump’s actions regarding the 2020 election may be protected from prosecution.
In a 6-3 split, the justices confirmed that official acts are immune. But they said the lower courts will need to consider whether any actions in the indictment against trump can be considered unofficial acts.
This ruling all but ends the prospects that the former president could be tried before the November election.
The Supreme Court also left the question of what constitutes official acts in his election interference case to a lower court.
Case Western Reserve University Law Professor Atiba Ellis talked about the implications of the Supreme Court’s decision on presidential Immunity.
“Well, I think in particular, the litigation goes forward. Now that the Supreme Court has sent it back to the lower court to basically parse what were his official acts, and those get immunity versus what could be his private conduct for which he could get prosecuted. It doesn’t end his criminal liability, but it certainly moves the case forward,” said Ellis.