Supreme Court rules Trump has some immunity — likely postponing election interference case until after November

The Supreme Court ruled on Monday that former President Donald Trump has some presidential immunity for acts taken in the course of his duties as president.


The justices, in a 6-3 vote, determined that presidents have “absolute immunity” for official acts.

“Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts,” the Supreme Court wrote.

While Trump’s motion to dismiss the case based on presidential immunity was not outright granted, the decision will likely postpone Special Counsel Jack Smith’s case until after the November election.

The Supreme Court stated that it is not required to determine whether the presidential immunity is “presumptive or absolute.” The case will go back to the district court for further factual development on several points.

“Certain allegations—such as those involving Trump’s discussions with the Acting Attorney General—are readily categorized in light of the nature of the President’s official relationship to the office held by that individual. Other allegations—such as those involving Trump’s interactions with the Vice President, state officials, and certain private parties, and his comments to the general public—present more difficult questions,” Chief Justice John Roberts wrote.

Trump reacted to the ruling on Monday, stating on X, “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

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