by Michael Tilley (mtilley@talkbusiness.net)

The U.S. Supreme Court on Monday (July 1) ruled that former President Donald Trump does not have total immunity, but would have the “presumption” of immunity for any official acts while in office. The ruling is seen as a victory for Trump.

Early legal analysis suggests the Court’s ruling will make it more difficult for Special Prosecutor Jack Smith to pursue the Jan. 6 insurrection case against Trump because it potentially limits evidence that can be used by the prosecution. The justices were split 6-3 on the opinion and along partisan lines. Chief Justice John Roberts delivered the majority opinion. (Link here for a PDF of the opinion.)

As part of his challenge to allegations he illegally tried to interfere with the 2020 election process, Trump and his attorneys claim that as a former president he is immune to criminal prosecution. Federal law now provides immunity to a president while in office with the immunity related to a president’s official actions.

U.S. Supreme Court grants Trump partial win in immunity question