Supreme Court delays Trump trial, sending immunity case back to lower court

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.

The outcome means 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 it 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.

The Republican former president has denied doing anything wrong and has said this prosecution and three others are politically motivated to try to keep him from returning to the White House.

In May, Trump became the first former president to be convicted of a felony, in a New York court. He was found guilty of falsifying business records to cover up a hush money payment made during the 2016 presidential election to a porn actor who says she had sex with him, which he denies. He still faces three other indictments.

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. The other case, in Georgia, also turns on Trump’s actions after his defeat in 2020.

If Trump’s Washington trial does not take place before the 2024 election and he is not given another four years in the White House, he presumably would stand trial soon thereafter.