The Supreme Court’s conservative justices said Thursday they agree a former president should be shielded from prosecution for his truly official acts while in office, but not for private schemes that would give him personal gain.
They also suggested the case against former President Trump will have to be sent back to the lower courts to decide which parts of the pending criminal indictment can proceed to a trial.
Trump was indicted on conspiring to stay in office after losing the 2020 election, but the high court blocked the case from going before a jury to consider the ex-president’s claim of absolute immunity for his official acts while in the White House.
So far, Trump’s lawyers have been winning delays, and it appeared they may have done it again.
While the justices gave no hint they would endorse a total or absolute immunity for former presidents, they suggested that former presidents have an immunity for their official acts.
“Why shouldn’t we send [the case] back to the court appeals” to sort it out, said Chief Justice John G. Roberts Jr.
If the justices follow that approach, it will almost certainly prevent Trump’s trial from taking place before the November election.
The court’s three liberal justices predicted grave danger if the president is free to use official power with impunity. What if the “president orders the military to stage a coup?,” asked Justice Elena Kagan.
But the court’s conservatives said they worried about future presidents being targeted by their political opponents and prosecuted after they leave office.
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