But the court’s opinion also makes clear that this ruling is not a death knell for Smith’s case.
Smith charged Trump with engaging in a “criminal scheme” to subvert the 2020 election; Trump has pleaded not guilty to four counts.
In Nixon v. Fitzgerald, the Supreme Court held that a president enjoyed civil immunity for all “official acts.” Now, in Trump v. United States, the court grappled with which “official” acts should also receive criminal immunity.
In order to settle the extent of Trump’s immunity, Chutkan should expeditiously schedule the mini-trial to hear witness testimony and receive other relevant evidence from both parties.
In response to Trump’s assertion of civil immunity there, the DC Circuit put in place a lengthy discovery schedule for the lower court to determine the extent of Trump’s civil immunity.
Persons:
Norman Eisen, “, Donald Trump, Danya Perry, Joshua Kolb, Neil Gorsuch, Jack Smith’s, Donald Trump’s, Norm Eisen, Tanya Chutkan, Smith, Trump, Nixon, Fitzgerald, —, Joshua Kolb CJ, John Roberts, Justice Department —, Mike Pence, Mark Meadows, Jeffrey Clark —, Clark, Steve Jones, Meadows, Brad Raffensperger, Jones, Meadows’s, Sotomayor, Chutkan, Pence, Bill Barr —, Trump’s, slimming, ”, Justice Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson
Organizations:
CNN, Perry Law, Division, Southern, of, State, Moreland Commission, Nixon, Trump v ., Justice Department, Trump, White, Trump administration, Georgia, Meadows, Circuit, Congress, Capitol Police, Capitol, DC Circuit, Twitter
Locations:
of New York, New York, Moreland, Trump v, Trump v . United States, Georgia, Fulton, Meadows