What the Supreme Court left unsaid about Trump’s criminal immunity
When the Supreme Court set out to decide Donald Trump’s bid for presidential immunity, the justices were aiming to establish “a rule for the ages.”
Instead, the court left a muddle that both Trump and his prosecutors now hope to exploit — and their efforts may send the case hurtling right back to the justices, perhaps within months.
The July 1 immunity ruling was widely viewed as a major victory for Trump because it declared him “absolutely immune” from being prosecuted for some of the actions he took while attempting to subvert the 2020 election. But the ruling is littered with ambiguities, ill-defined standards and unanswered questions about many of the other acts Trump undertook, constitutional experts say.
“You could understand this as sort of an exercise in kicking the can down the road,” said Sai Prakash, a law professor at the University of Virginia.
For now, the case is back in front of U.S. District Judge Tanya Chutkan, who must figure out how to take the high court’s fuzzy pronouncements and apply them to the specific allegations in the election indictment brought by special counsel Jack Smith.
Chutkan asked the special counsel and Trump’s team to give her proposals Friday about how — or whether — the case can proceed.
On Thursday evening, however, prosecutors asked for an additional two weeks to sort through what they called “the new precedent” the Supreme Court issued more than a month ago and come up with a plan about how to move forward. Trump’s lawyers, who have repeatedly sought delays in the case, readily agreed to this one. [Continue reading…]