What to know about the Supreme Court immunity ruling

Family Law

The Supreme Court’s ruling Monday in former President Donald Trump’s 2020 election interference case makes it all but certain that the Republican will not face trial in Washington ahead of the November election.

The Supreme Court did not dismiss — as Trump had wanted — the indictment alleging he illegally schemed to cling to power after he lost to President Joe Biden. But the ruling still amounts to a major victory for the presumptive Republican presidential nominee, whose legal strategy has focused on delaying the proceedings until after the election.

The timing of the trial matters because if Trump defeats Biden, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecutions he faces. Or Trump could potentially order a pardon for himself.

Trump posted in all capital letters on his social media network shortly after the decision was released: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

In remarks Monday evening, Biden said the court had done a “terrible disservice” to the American people, who he says deserved to know the outcome of the case before they head to the polls.

“The American people will have to render a judgment about Donald Trump’s behavior,” Biden said. “The American people must decide whether Trump’s assault on our democracy on Jan. 6 makes him unfit for public office.”

The court’s conservative majority said former presidents have absolute immunity from prosecution for official acts that fall within their “exclusive sphere of constitutional authority” and are presumptively entitled to immunity for all official acts. They do not enjoy immunity for unofficial, or private, actions.

The ruling means that special counsel Jack Smith cannot proceed with significant allegations in the indictment — or must at least defend their use in future proceedings before the trial judge.

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Thai National Sentenced, Faces Deportation for Operating Immigration Fraud Scheme

Nimon Naphaeng, 36, a native and citizen of Thailand, who resided in Wakefield, R.I., was sentenced Monday to 27 months in federal prison for running an immigration fraud scheme that defrauded more than 320 individuals, most of them immigrants, of at least $400,000, and perhaps more than $518,000. The scheme included the unauthorized filing of false asylum applications on behalf of individuals who did not request, nor authorize, the applications.

“U.S. Citizenship and Immigration Services does not tolerate immigration fraud of any kind,” said Susan Raufer, director of the USCIS Newark Asylum Office. “We are proud of our role in uncovering this fraud scheme and bringing the perpetrator to justice.”

At sentencing, U.S. District Court Chief Judge William E. Smith ordered a provisional amount of restitution of $400,000. The final amount of restitution will be determined subject to additional victims being identified and additional court filings over the next 90 days. According to court documents already filed by the government, restitution in this matter may exceed $518,300. During the investigation, the government seized $285,789.31 from Naphaeng. The forfeited funds will be applied toward restitution for victims of Naphaeng’s crimes.

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