Donald Trump enjoys partial immunity as a former president from the federal lawsuit for attempting to illegally overturn the results of the 2020 election, the Supreme Court ruled Monday morning. So what are the next steps in making this judgment?
Special prosecutor Jack Smith, who is investigating this case, had not yet reacted publicly to the decision of the highest court in the country as of the afternoon.
If, however, he decides to move forward with his proceedings, he could still present written arguments, evidence and testimony before Judge Tanya Chutkan, who must preside over the proceedings at the federal trial, CNN analyzed.
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 choice but to remove any evidence that constitutes 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.
It would therefore be unlikely that the Republican candidate for the 2024 presidential elections would end up in court this year due to other appeals which could put this case on hold, CNN argued.
