Supreme Court Ruling on Trump’s Immunity

On Monday, the U.S. Supreme Court ruled out that Donald Trump has all the rights to be entitled to immunity for his actions during the last days of his presidency, particularly concerning the January 6, 2021, attack on the U.S. Capitol. This decision could significantly impact the Georgia racketeering case against him.

Georgia Racketeering Case in Limbo

Case Status

• Current Hold: The case, led by Fulton County District Attorney Fani Willis, is on hold as an appeals court reviews whether Willis can remain on the case at the request of Trump and his co-defendants.
• Federal Connection: The Georgia case overlaps with special counsel Jack Smith’s federal prosecution of Trump on election interference charges.

Pending Motions

• Presidential Immunity: Superior Court Judge Scott McAfee has not set a trial date yet. Among the motions before him is Trump’s request to dismiss the charges based on presidential immunity.
• Supreme Court Ruling: The Supreme Court’s 6-3 ruling declared that Trump’s interactions with Justice Department officials regarding his stolen election claims are protected by immunity.

Implications of the Supreme Court Ruling

Immunity Scope

• Vice President Pence Contacts: The Supreme Court stated that Trump is “presumptively immune” from prosecution for his contacts with former Vice President Mike Pence before the January 6 insurrection, also mentioned in the Georgia case.
• Georgia Case Impact: Trump is likely to seek dismissal of the Georgia case on immunity grounds, with a subsequent hearing expected.

Unresolved Immunity Issues

• Outside Federal Government: The Supreme Court did not address Trump’s immunity concerning his contacts with individuals outside the federal government, including Georgia Secretary of State Brad Raffensperger.
• Raffensperger Call: On January 2, 2021, Trump called Raffensperger and urged him to “find” more votes than President Joe Biden. This call is critical to the Fulton County indictment and the effort to recruit alternate presidential electors for Trump.

Vertical Table of Key Points

AspectDetails

Supreme Court Ruling Trump might be entitled to immunity for actions during the end of his presidency.

Georgia Case Status On hold as appeals court reviews DA Fani Willis’s involvement

Federal Case Overlap Overlaps with special counsel Jack Smith’s federal election interference charges

Pending Motions Trump seeks dismissal based on presidential immunity

Vice President Contacts Supreme Court ruled Trump’s contacts with Pence are presumptively immune

Georgia Case Impact Trump expected to push for dismissal on immunity grounds

Unresolved Immunity Supreme Court did not rule on immunity for contacts with non-federal officials

Raffensperger Call Key, part of the Fulton County indictment, urging Raffensperger to “find” more votes

Bullet Points Summary

• Supreme Court Decision: Trump may have immunity for actions during the final days of his presidency.
• Georgia Case on Hold: Appeals court evaluating if DA Fani Willis can stay on the case.
• Federal Case Overlap: Georgia case shares issues with federal election interference charges.
• No Trial Date Set: Judge McAfee has not set a trial date, considering motions including Trump’s immunity claim.
• Protected Contacts: The Supreme Court ruled that Trump’s contact with DOJ officials regarding stolen election claims was immune.
• Pence Contacts: Trump is presumptively immune from prosecution for contacts with Pence before January 6.
• Further Legal Moves: Trump expected to seek dismissal of Georgia case on immunity grounds.
• Unresolved Issues: The Supreme Court did not address immunity for Trump’s contacts with non-federal officials like Raffensperger.
• Key Evidence: The Fulton County indictment centres on Trump’s call to Raffensperger to “find” votes.
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