Donald Trump has partial immunity as a former president from federal prosecution for attempting to illegally overturn the results of the 2020 election, the Supreme Court ruled Monday morning. So what’s next in that ruling?
Special prosecutor Jack Smith, who is investigating the case, had not yet publicly responded to the decision by the country’s highest court as of afternoon.
If he decides to move forward with his case, he could still present written arguments, evidence and testimony before Judge Tanya Chutkan, who is set to preside over the federal trial, CNN reported.
Among other possibilities, Special Prosecutor Smith could decide to reduce his case to bring it into conformity with the Supreme Court’s decision, by removing certain portions to present to the jury or by rewording the indictment.
He will also have no other choice than to withdraw any evidence that would constitute official acts of the president, since it is on this point in particular that partial immunity is granted to him.
A judgment this year?
Decisions are expected in the coming days, especially since the Supreme Court has decided to send the question of Donald Trump’s criminal immunity as a former president back to lower courts. They will then have to determine whether the actions he is accused of were official or not.
According to the American media, this referral mechanism can take up to a month.
The 2024 Republican presidential candidate would therefore be unlikely to end up in court this year because of other appeals that could put the case on hold, CNN reported.
