Judges could send case back to lower court to decide on Trump immunity
The Guardian|April 26, 2024
The US supreme court yesterday expressed interest in returning allegations that Donald Trump tried to overturn the 2020 presidential election back to a lower court to decide whether certain parts of the indictment were "official acts" that were protected by presidential immunity.
Martin Pengelly , Hugo Lowell
Judges could send case back to lower court to decide on Trump immunity

During oral arguments, the justices appeared unlikely to grant Trump's request for absolute immunity from criminal prosecution, with both Trump's lawyer and the justice department's lawyer agreeing there were certain private acts for which presidents would have no protection.

But the chief justice, John Roberts, and the conservative justices on the jury suggested that presidents should have some level of immunity and said they would favour the presiding trial judge in the case deciding whether any acts in the indictment were official and should be expunged.

If the supreme court remands the matter back to the presiding US district court judge Tanya Chutkan, it would almost certainly inject new delay into the case that could preclude it from going to trial before the November election.

Such an outcome would itself be a win for Trump, whose overarching legal strategy has been to seek delay.

If he prevails in the election, he could appoint as the attorney general aloyalist who would drop the charges against him.

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