US Supreme Court sends Trump immunity claim back to lower court

The US Supreme Court has sent Donald Trump's claim he is immune from prosecution for his actions while president back to a lower court.

Donald Trump speaking at a rally just before the January 6 riot at the US Capitol. Pic: Reuters

Trump faces prosecution over his role in the deadly January 6 riots in 2021 at the Capitol in Washington DC, after he encouraged his supporters to gather at Congress to oppose the approval of Joe Biden's 2020 election win; and alleged attempts to overturn the 2020 election result.

The former president had been charged with conspiracy to defraud the US, conspiring against the right of Americans to vote and corruptly obstructing an official proceeding and conspiring to do so.

In a historic 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts, but no immunity for unofficial acts.

But instead of deciding for themselves, the justices ordered lower courts to work out precisely how to apply their decision to Trump's case.

The lower court must now decide whether he was acting officially or privately.

Trump's legal team had argued he was immune from prosecution as he was serving as president when he took the actions leading to the charges.

Special Counsel Jack Smith, who brought the charges in August last year, has opposed presidential immunity from prosecution based on the principle no one is above the law.

A trial had been scheduled to start on 4 March, before the delays over the immunity issue.

The Supreme Court's decision adds further delays. If Trump becomes president again in November, in reality he may be able to use his powers to dismiss the charges against him.

The court's slow handling of the case has already helped Trump by making it unlikely any trial on these charges could be completed before the election on 5 November.

Trump has pleaded not guilty to the charges. He has said this case and three others are politically motivated attempts to keep him from returning to the White House.

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