Supreme Court sends Trump immunity case back to lower court, dimming chance of trial before election

Former President Donald Trump arrives at Hartsfield-Jackson Atlanta International Airport ahead of the first presidential debate on Thursday, June 27, 2024. (Matthew Pearson/WABE)

The Supreme Court on Monday extended the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss, all but ending prospects the former president could be tried before the November election.

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 and no immunity for unofficial acts. But rather than do it themselves, the justices ordered lower courts to figure out precisely how to apply the decision to Trump’s case.

The outcome means additional delay before Trump could face trial in the case brought by special counsel Jack Smith.