The US Supreme Court ruled on Monday that Trump, as a former president, partially enjoys presidential immunity against prosecution for his actions related to interference in the 2020 presidential election and his role in the January 6, 2021, Capitol riot. The Supreme Court states that former presidents enjoy full presidential immunity for their official acts as president. However, there is no immunity for unofficial acts, meaning private actions.

The ruling implies that Trump cannot be criminally prosecuted if his actions fall under official acts of a president. He can, however, be criminally prosecuted if they are considered unofficial acts. The question now is whether his actions fall under official acts or not. The Supreme Court does not make a ruling on this matter and sends the case back to the lower court to make that determination.

Federal Court Previously Ruled That Trump Can Be Prosecuted

The federal court in Washington decided in February that Trump does not have presidential immunity and can be prosecuted for his interference in the 2020 presidential election and his role in the January 6, 2021, Capitol riot. “We cannot accept that the office of the president places a former president above the law forever,” wrote a panel of three federal judges.

Trump previously argued that he cannot be criminally prosecuted in this case because the accusations pertain to the period when he was president. According to him, he therefore enjoys presidential immunity. But according to the judges in Washington (and a lower US judge who made the same ruling in December), this is not the case.

The former president and Republican candidate then appealed to the Supreme Court. The case regarding the Capitol riot against Trump was suspended pending the Supreme Court’s ruling. As a result, critics believe it is impossible to conclude the case against Trump before the US presidential elections. They fear that if Trump is elected president, he will suspend the investigations against him.

The Supreme Court consists of the nine highest judges in the country. Six of them are conservative and three are progressive. Of the conservative judges, three were appointed by Trump