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July 01, 2024

Sorted out by lower courts

Trump’s immunity must first be sorted out by lower courts, Supreme Court says 

From CNN's Tierney Sneed

Chief Justice John Roberts’ majority opinion said that the trial court will have to assess what of Donald Trump’s alleged conduct is immunized under the new test handed down by the high court. 

The opinion said that additional briefing will be needed for the trial court to do so. 

“We accordingly remand to the District Court to determine in the first instance — with the benefit of briefing we lack — whether Trump’s conduct in this area qualifies as official or unofficial,” Roberts wrote. 

Roberts said there was a lack of “factual analysis” in the previous lower court opinions rejecting Trump’s immunity. Roberts pushed back on a dissent from Jackson that “would have us exhaustively define every application of Presidential immunity.” 

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