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US Supreme Court rules Donald Trump is partly protected from criminal prosecution

  • The 6-3 opinion orders US district court to determine whether Trump’s alleged actions in January 6 case were official or unofficial, delaying the start of that federal trial

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Former US president Donald Trump had made sweeping claims of immunity from prosecution in the two federal cases against him. Photo: AP
Robert Delaneyin Washington

The US Supreme Court on Monday ruled that former president Donald Trump can claim some degree of immunity from federal criminal charges against him relating to efforts to undo his 2020 election loss, a decision that will send the case back to a district court for further deliberation.

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The 6 to 3 decision, along partisan lines, determined that Trump is not immune from prosecution for actions taken outside his official duties as president. US District Court Judge Tanya Chutkan will need to hear arguments over which parts of the four criminal counts in the January 6 case against him fall outside those duties.

Factoring in the possibility of appeals, the determination will extend the timeline of the case, making it all but impossible for a verdict before the presidential election in November, which will presumably pit Trump versus the man who defeated him in 2020, US President Joe Biden.

“The president is not above the law,” Chief Justice John Roberts wrote for the majority. “But Congress may not criminalise the president’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution.”

Justices of the US Supreme Court. Photo: AFP via Getty Images/TNS
Justices of the US Supreme Court. Photo: AFP via Getty Images/TNS

The court’s decision stopped short of tossing out the indictment, but Trump framed it as a victory, saying on social media immediately after the ruling was announced that it was a “big win for our Constitution and democracy”.

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