Trump faces four charges for which he could enjoy immunity if it is proven that he was acting in an official capacity. The process will be prolonged and if the former president wins the elections he will be able to drop the case.
Three to six. The majority of the US Supreme Court ruled on Monday that Donald Trump is immune from legal action for official acts he took during his presidency. This is the case of attempted electoral interference after the results of the 2020 US elections were known, which led to the invasion of the Capitol. The ruling highlights, however, the need for a crucial distinction between the president’s official and private conduct.
As reported by several American newspapers, including the New York Times, the decision is most likely postpone the trial of the case against Trump beyond the elections scheduled for November of this year. If this happens and the Republican candidate becomes president of the United States, he will have the power to order the Department of Justice to drop the charges against him.
The former president faces three counts of conspiracy and one count of obstruction of an official proceedingall related to his efforts to cling to the presidency after his 2020 defeat.
Capitol Hill: US Supreme Court grants partial immunity to Trump. Acts will have to be evaluated by lower courts
The prospects for a trial in the pre-election election interference case look increasingly bleak. The federal judge overseeing the case, Tanya S. Chutkan, will have to hold an evidentiary hearing on many, if not most, of the prosecution’s allegations against Trump. It will be necessary to assess what acts were or were not committed in the official exercise of duties, since immunity Only applies to official acts.as determined by the high court.
In December, the U.S. District Court in Washington denied Trump’s request for immunity. “Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifetime pass to get out of jail free,” Chutkan wrote in the ruling. In February, a three-judge panel of the U.S. Court of Appeals upheld the ruling.
Source: Observadora
