Tuesday Briefing: Top Court Gives Trump Significant Immunity

Donald Trump on Jan. 6, 2021.Credit…Pete Marovich for The New York Times

The Supreme Court granted Trump substantial immunity

The Supreme Court ruled yesterday that Donald Trump was entitled to substantial immunity from prosecution, a major statement on presidential power that could have long-term repercussions.

The crux of the ruling, which was decided on a 6-3 vote on partisan lines, is in the difference between official and private conduct. Broad immunity for official conduct is needed, Chief Justice John Roberts wrote for the majority, to protect “an energetic, independent executive.”

The ruling will almost certainly delay Trump’s trial on charges of plotting to subvert the 2020 election until after the 2024 election. The case now returns to the lower court, which will decide whether Trump’s actions were in an official or private capacity. If Trump wins re-election, he can simply order the Justice Department to drop the charges.

The dissenting liberal justices warned that the ruling extended a level of immunity that could undermine democracy, and said that the decision made the president into “a king above the law.”