Tuesday Briefing

Donald Trump on Jan. 6, 2021.Credit…Pete Marovich for The New York Times

The Supreme Court granted Trump substantial immunity

The Supreme Court ruled yesterday that Donald Trump was entitled to substantial immunity from prosecution on charges of trying to overturn the last election, a major statement on presidential power that could have long-term repercussions. Read the full ruling.

The crux of the ruling, which was 6 to 3 on partisan lines, is in the difference between a president’s official acts, such as policy changes or military decisions, and private conduct. Broad immunity for official conduct is needed, Chief Justice John Roberts wrote for the majority, to protect “an energetic, independent executive.”

The liberal justices warned in their dissent that the ruling extended a level of immunity that could undermine democracy, and said that the decision made the president into “a king above the law.”

What’s next: The ruling will almost certainly delay Trump’s trial on charges of plotting to subvert the 2020 election until after this year’s vote. The case now returns to the lower court, which will decide whether Trump’s actions were in an official or private capacity. If Trump wins re-election, he can simply order the Justice Department to drop the charges.

Biden: The president warned last night that the decision meant that there were “virtually no limits” on what Trump, if returned to office, could do.