The Supreme Court has ruled that Donald Trump may claim immunity from criminal prosecution for some of the actions he took in the waning days of his presidency in a decision that will likely further delay a trial on the federal election subversion charges pending against him.
“I would have framed the underlying legal issues differently,” Barrett wrote in a concurrence. She suggested that because Trump’s wholesale challenge to the indictment had failed, at least some of the case could go forward. “A President facing prosecution may challenge the constitutionality of a criminal statute as applied to official acts alleged in the indictment,” Barrett wrote. “If that challenge fails, however, he must stand trial,” she said.