The Supreme Court sent former President Donald Trump’s election fraud case back to the lower courts Friday after issuing its opinion a month ago, according to the highest court’s docket.
The D.C. Circuit Court of Appeals and the District Court of the District of Columbia now have to apply the justices’ ruling with regard to presidential immunity from criminal prosecution on charges that special counsel Jack Smith brought against Mr. Trump.
The high court’s filing also shows Mr. Trump was entitled to $3,232.80 in filing and clerk costs.
It’s expected that trial Judge Tanya Chutkan, an Obama appointee, will soon schedule hearings on the matter and resume control of the case.
She had paused the election fraud litigation against Mr. Trump as he appealed to higher courts on whether presidents are immune from criminal prosecution.
It’s been on hold for roughly seven months.
Mr. Trump had argued presidents have absolute immunity and can’t face charges.
The Supreme Court justices split ideologically 6-3 in what court watchers have said is one of the most significant cases to be heard in decades, where the justices ruled that presidents enjoy absolute immunity from criminal prosecution for actions taken under their core presidential functions, presumed immunity for all official acts, and no immunity for nonofficial acts.
The challenge was brought by Mr. Trump, and the Supreme Court’s ruling was seen as a win for him in that it delayed proceedings until likely after the Nov. 5 election.
The ruling has left Trump critics frustrated, as the decision continues to delay not only his election fraud case, but also other legal battles up and down the East Coast against the former president as lower courts are left to grapple with what charges are subject to immunity.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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