Special counsel Jack Smith accused former President Donald Trump of pressuring his vice president to derail the election certification in January 2021.
Trump’s interactions with Mike Pence were among several key acts Smith used to bring his election interference indictment against Trump, but the special counsel may now have to scrap these acts because of the Supreme Court’s decision on Monday.
The high court ruled 6-3 along ideological lines that certain official acts by presidents are not prosecutable at all, while other official acts require the government to meet high criteria before it can criminally charge a president for them.
The ruling was a massive blow to Smith’s case, which could look like a shell of its former self once the lower courts have sifted through it to align it with the Supreme Court’s guidance.
The decision came after Trump argued all four of his charges should be dropped because he had absolute immunity as president, which, he said, protected him from prosecution. The district court and appellate court in Washington, D.C., rejected Trump’s claims, but the Supreme Court partly agreed with Trump.