SC sends Donald Trump immunity case back to lower court, trial unlikely before poll

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Key Points

The Supreme Court on Monday ruled for the first time that former presidents have some immunity from prosecution, extending the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss and all but ending prospects the former president could be tried before the November election...

In a historic 6-3 ruling, the justices returned Trump's case to the trial court to determine what is left of special counsel Jack Smith's indictment of Trump..

The court's decision in a second major Trump case this term, along with its ruling rejecting efforts to bar him from the ballot because of his actions following the 2020 election, underscores the direct and possibly uncomfortable role the justices are playing in the November election...

"Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority," Chief Justice John Roberts wrote for the court...

The ruling was the last of the term and it came more than two months after the court heard arguments, far slower than in other epic high court cases involving the presidency, including the Watergate tapes case.. The Republican former president has denied doing anything wrong and has said this prosecution and three others are politically motivated to try to keep him from returning to the White House...

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