The U.S. Supreme Court has remanded to a lower court Donald Trump’s argument that he is immune from prosecution for his actions as president.
President Trump may be criminally prosecuted for his role in the deadly riots at the U.S. Capitol in Washington, D.C., on January 6, 2021.
President Trump called on his supporters to rally outside the Capitol to oppose the certification of Joe Biden’s 2020 election victory in protest. He has also allegedly sought to overturn the results of the 2020 election.
The U.S. Supreme Court has remanded to a lower court Donald Trump’s argument that he is immune from prosecution for his actions as president.
President Trump faces criminal charges for his role in the deadly riot at the Capitol in Washington, D.C. on January 6, 2021, after he called on his supporters to gather at Congress to protest the certification of Joe Biden’s victory in the 2020 election. He is also reportedly accused of attempting to overturn the results of the 2020 election.
The former president is charged with conspiracy to commit fraud against the United States, conspiracy to violate the voting rights of Americans, corruptly obstructing an official proceeding and conspiracy to that end.
The Supreme Court said Trump is entitled to immunity from prosecution for “official acts” while in office, but that protection does not apply to acts he performed as a private citizen.
Lower courts must now decide whether he acted publicly or privately.
His lawyers had argued that he was immune from prosecution because he acted as president to give rise to the charge.
Special Counsel Jack Smith, who filed the case last August, rejected the president’s immunity, citing the principle that no one is above the law.
Before the delay over immunity issues, the trial was scheduled to begin on March 4.
The Supreme Court’s decision will cause further delays. If Trump is sworn in again in November, he may actually use his power to drop the charges against him.
The court’s slow process is already helping President Trump, as a trial on these charges is unlikely to be completed before the November 5 election.
President Trump has pleaded not guilty.