Supreme Court Grants Trump Immunity in Jan. 6 Case

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Today, the Supreme Court ruled that Donald Trump is entitled to some immunity in the Jan. 6 case.

The ruling caused a delay on the federal election trial and charges are pending against former President Trump.

Roy Herrera, the Founding Partner at Herrera Arellano LLP joined Arizona Horizon to discuss the latest updates on the Jan. 6 case.

“I was not surprised by the ruling. I think a lot of it was telegraphed during the argument that they had several months ago…They decided that a president has some form of immunity for official conduct. It’s kind of an interesting case because they broke up the type of conduct that could be or could not be subject to immunity to three different kinds of buckets. The first is… conduct related to constitutional authority…,” said Herrera.

There will not be a trial before the election and it’s in the hands of the trial court to make the decision according to Herrera. 

“They didn’t create any sort of test today, certainly no clear test today on what kind of conduct falls within the various types. Again it’s going to go back to the trial court to decide. I think effectively this means there’s not going to be a trial, we probably knew this already in that criminal prosecution at any point this year…,” said Herrera. 

 In addition, new administration can’t make assertions about the previous administration because it turns into a tit for tat. 

“…Just from a logic perspective I think the six three, the six in the majority, the reasoning for that is this idea that a President shouldn’t be subject to any kind of political prosecution… after the president were to leave office, if someone disagreed with the decision that he made during office he shouldn’t be subject to criminal prosecution for that. 

Roy Herrera, Founding Partner, Herrera Arellano LLP

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