The January 6th case will not be tried before the election, but we knew that. The Supremes decided that presidents are immune from prosecution for their “official acts” and sent the J6 case back to the district court to decide which charges may apply. They explicitly said that his attempts to force the Department of Justice to lie for him and say that they found evidence of fraud when they did not are official acts. So I think it’s fair to say they believe the definition of “official” is extremely broad.
It will take a bit to digest this but it’s clear that it’s pretty bad. If you don’t believe me, read this excerpt from Justice Sotomayor’s dissent:
“When [the president] uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune. Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today. Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.”
The Chief Justice also decimated the independence of the DOJ with this opinion as a bonus:
If you thought Trump was an existential threat before wait until you see what happens if he wins another term and becomes a veritable King.
Update:
They seem to believe that Democrats will never abuse this provision. Maybe Democrats need to start giving that some thought.