Supreme Court to rule on Donald Trump's immunity Monday

Welcome back, Deadline: Legal Newsletter readers. We’re almost done with these Supreme Court decisions, which are set to conclude Monday with Donald Trump’s immunity case among the final decisions. But the court issued several important decisions this week, including another Jan. 6-related case that could also affect Trump.

The other case is Fischer v. United States, in which the Court sided with a Jan. 6 defendant on the scope of the federal charge of obstruction of an official proceeding. Chief Justice John Roberts narrowed the charge for a six-justice majority, writing that prosecutors must show that a defendant interfered with the availability or integrity for use in an official proceeding of records, documents, objects or other materials used in an official proceeding, or attempted to do so.

This limits the laws used against the rioters in the Justice Department's massive effort to prosecute them. But Fischer's impact may be limited, as Attorney General Merrick Garland emphasized Friday that the vast majority of the more than 1,400 defendants indicted for their illegal actions on Jan. 6 will not be affected by the ruling. That's because Garland said there is no case in which the department charged a Jan. 6 defendant solely for the offense at issue in Fischer's case.

It remains to be seen what Fischer means for Trump. Two of the four counts in his federal election interference case concern this obstruction law. But his case is different in that he is not accused of storming the Capitol, but rather of allegedly participating in a larger conspiracy to subvert the 2020 election. So even in Under the now more limited scope of the laws, special prosecutor Jack Smith may still be able to bring these charges against Trump, although it may take more court proceedings to determine.

But first, we need the immunity ruling to see what comes next in the Trump case, including when it might go to trial, if ever. We expect that decision on Monday, when the Court is ready to issue its remaining decisions. True to form, the Court is in no rush to rule on Trump's case against the United States, just as it was not rushed to prepare the case for arguments, which happened last court day of the quarter.

But there's more than Trump on the list of candidates, although his three Supreme Court justice nominees have heavily influenced the Court, underscoring what's at stake in the upcoming election. The impact of Republican-appointed judges was on full display this week in abandoning long-standing precedent on the power of federal agencies and curtailing federal corruption prosecutions, among other remedies, including those involving the environment, homelessness and abortion.

We now await the immunity decision on Monday, as Trump prepares to be sentenced the following week in New York. Watch for a special edition of the newsletter after the publication of the opinion that will cap this historic term.

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