Former President Donald Trump could still face a criminal trial for allegedly conspiring to overturn the 2020 election – but say that the odds of any trial starting over the next year depends on the results of the election, the speed of pre-trial hearings examining the extent of Trump's immunity and whether special counsel Jack Smith moves to narrow the indictment.
In August 2023, a D.C. federal grand jury indicted Trump on four felony charges for conspiring to thwart his 2020 electoral defeat and the peaceful transfer of power to President Joe Biden. In July, the Supreme Court ruled 6-3 that presidents have "absolute immunity from criminal prosecution" for acts that fall within the "exercise of his core constitutional powers he took when in office." Presidents, according to the ruling, have "at least presumptive" immunity from other official acts, and no immunity for unofficial acts.
