The US Supreme Court ruled that ex-presidents have immunity for official acts
Donald Trump’s defense team argued that Trump should have immunity from prosecution for acts committed while doing duties as president. The “election interference” case against Donald Trump hinged on his actions while in office. The Supreme Court’s decision provides headwinds for Jack Smith, as his election interference case against Donald Trump depended on Donald Trump’s actions while still in office. However, the Supreme Court argued that this immunity does not extend to unofficial acts.
From Fox News:
In a 6-3 decision, the Court sent the matter back down to a lower court, as the justices did not apply the ruling to whether or not former President Trump is immune from prosecution regarding actions related to efforts to overturn the results of the 2020 election.
“The President enjoys no immunity for his unofficial acts, and not everything the President does is official,” Chief Justice John Roberts wrote for the majority.
“The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive,” he said.
“The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party,” he continued.
The question stemmed from Special Counsel Jack Smith’s federal election interference case in which he charged Trump with conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.
Those charges stem from Smith’s months-long investigation into whether Trump was involved in the Jan. 6, 2021, Capitol riot and any alleged interference in the 2020 election result.
Trump pleaded not guilty to all charges and argued he should be immune from prosecution from official acts done as president of the U.S.
Additional Reading:
Singman, B., & Herlihy, B. (2024, July 1). Trump immunity case: Supreme Court rules ex-presidents have substantial protection from prosecution. Fox News. Link.
Category: 2024 Election, Donald Trump, Government Incompetence, SCOTUS
