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Supreme Court keeps Trump election case alive, but rules he has some immunity for official acts

  • The Supreme Court ruled on whether former President Donald Trump is immune from criminal prosecution on federal election interference charges.
  • The decision carries high stakes for the criminal case brought by special counsel Jack Smith.
  • Trump is charged in a four-count indictment with illegally conspiring to overturn his loss to President Joe Biden in the 2020 presidential election.

This news is developing. Please check back for updates.

The Supreme Court ruled Monday that Donald Trump has "presumptive immunity" for official acts he performed as president, complicating but not killing special counsel Jack Smith's election interference case.

The court also ruled that Trump is not immune for "unofficial acts." And "not everything the President does is official," the majority determined.

But the decision effectively erases any chance that the high-profile criminal case against the presumptive Republican presidential nominee will head to trial before the Nov. 5 election.

The 6-3 ruling, which was opposed by the court's three liberal justices, sends the high-profile case back to U.S. District Judge Tanya Chutkan.

"The President is not above the law," Chief Justice John Roberts wrote for the majority.

"But Congress may not criminalize the President's conduct in carrying out the responsibilities of the Executive Branch under the Constitution," Roberts ruled.

Justice Sonia Sotomayor in a blistering dissent wrote, "this majority's project will have disastrous consequences for the Presidency and for our democracy."

"The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law," she wrote.

"When he uses his official powers in any

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