The Supreme Court on Monday extended the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss, all but ending prospects the former president could be tried before the November election. In a historic 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts and no immunity for unofficial acts. But rather than do it themselves, the justices ordered lower courts to figure out precisely how to apply the decision to Trump's case, reports the AP. The outcome means an additional delay before Trump could face trial in the case brought by special counsel Jack Smith.
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. The ruling was the last of the term and 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. Smith is leading the two federal probes of the former president, both of which have led to criminal charges. The Washington case focuses on Trump's alleged efforts to overturn the 2020 election after he lost to Democrat Joe Biden. The case in Florida revolves around the mishandling of classified documents.
If Trump's Washington trial doesn't take place before the 2024 election and he isn't given another four years in the White House, he presumably would stand trial soon thereafter. But if he wins, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecution he faces. He could also attempt to pardon himself. He couldn't pardon himself for his conviction in New York. The Supreme Court that heard the case included three justices appointed by Trump—Amy Coney Barrett, Neil Gorsuch, and Brett Kavanaugh—and two justices, Clarence Thomas and Samuel Alito, who opted not to step aside after questions were raised about their impartiality.
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Trump's trial had been scheduled to begin March 4, but that was before he sought court-sanctioned delays and a full review of the issue by the nation's highest court. Before the Supreme Court got involved, a trial judge and a three-judge appellate panel had ruled unanimously that Trump can be prosecuted for actions undertaken while in the White House and in the run-up to Jan. 6. "For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant," the appeals court wrote in February. "But any executive immunity that may have protected him while he served as President no longer protects him against this prosecution." (More US Supreme Court stories.)
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