The practical effect of the ruling raises the likelihood of further delay of the case against the former president on charges of plotting to subvert the 2020 election.
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The Supreme Court heard two other cases this term concerning the Jan. 6 attack on the Capitol.
The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to substantial immunity from prosecution, a decision that will almost surely delay the trial of the case against him on charges of plotting to subvert the 2020 election past the coming election in November.
The vote was 6 to 3, dividing along partisan lines.
Chief Justice John G. Roberts Jr., writing for the majority, said Mr. Trump had at least presumptive immunity for his official acts. He added that the trial judge must undertake an intensive factual review to separate official and unofficial conduct and to assess whether prosecutors can overcome the presumption protecting Mr. Trump.
That will entail significant delays, and the prospects for a trial before the election seem vanishingly remote. If Mr. Trump prevails at the polls, he could order the Justice Department to drop the charges.
Broad immunity for official conduct is needed, the chief justice wrote, to protect “an energetic, independent executive.”
“The president therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts,” Chief Justice Roberts wrote. “That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy or party.”
In dissent, Justice Sonia Sotomayor wrote that the decision was gravely misguided.
“Today’s decision to grant former presidents criminal immunity reshapes the institution of the presidency,” she wrote. “It makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.”
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Source: nytimes.com
