That lower court must now assess what specific actions Trump took before and after January 6, 2021. And then whether those actions are official, and therefore covered by the presidential exemption, or are they private, and therefore not under waived immunity.
So special counsel Jack Smith could pursue a criminal case against Trump, but official proceedings could not be entered into evidence in a possible trial. However, a lower court’s review could take months. This leads to further delay in criminal cases.
The hearing is unlikely to take place before the November 5 presidential election. Trump has expressed confidence that he will be elected for a second term as president. Trump had already called the verdict a victory for democracy.
The ruling also applies to other criminal cases against Donald Trump. These include classified documents found at his home in Mar-a-Lago, Florida. As in the case in the state of Georgia, he was accused of conspiring to overturn his narrow election loss.
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