Washington– The Supreme Court of the United States has issued a critical ruling on presidential immunity, that is expected to alter how the law effects former and future presidents.
The majority opinion, written by Justice Roberts states that Mr. Trump is immune for official acts, not unofficial acts.
That leaves another question, what is considered “official acts,” the court says a lower court will decide that. Although, the opinion does offer guidance.
“Certain allegations–such as those involving Trump’s discussions with the Acting Attorney General–are readily categorized in light of the nature of the President’s official relationship to the office held by that individual. Other allegations–such as those involving Trump’s interactions with the Vice President, state officials, and certain private parties, and his comments to the general public–present more difficult questions.”
– Justice Roberts
The Supreme Court says things like the core constitutional powers are things like appointing ambassadors and foreign governments which can be defined as “official acts.”
The court explains that it does not need to decide in this case whether immunity for official acts is presumptive or absolute.
This is the first time that the Supreme Court has offered immunity to any president.
The three liberal judges (Justice Stomayor, Justice Kagan and Justice Jackson) dissenting, writing that this makes a “mockery of the principle, foundational to our Constitution and system of government that no man is above the law.”
They also write when speaking on the majorities opinion, “it invents an atextual, ahistorical, and unjustifiable immunity that puts the President above the law.”
The plaintiff, Fmr. President Donald Trump who is currently being prosecuted for his actions during the January 6, 2021 attack on the Capitol. That case brought by Special Council Jack Smith.
They argue that Trump should have complete immunity for official acts done as president, the Supreme Court appeared skeptical about what would define those official acts in April arguments.
Representing Trump, John Sauer suggested that the court could rule that there is immunity and allow the lower courts to decide what defines official acts.
Micheal Dreeben, a lawyer representing the United States argued that the Supreme Court has never allowed absolute immunity, and asked why would they do that now.
The delay of the opinion has led to higher chances of there being no trial before the November election.
Read the complete ruling here.
REACTION:
Reactions from the Biden campaign, Trump and others have began to come him.
“Today’s ruling doesn’t change the facts, so let’s be very clear about what happened on January 6: Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election. Trump is already running for president as a convicted felon for the very same reason he sat idly by while the mob violently attacked the Capitol: he thinks he’s above the law and is willing to do anything to gain and hold onto power for himself.
“Since January 6, Trump has only grown more unhinged. He’s promising to be a dictator ‘on day one, calling for our Constitution to be ‘terminated’ so he can regain power, and promising a “bloodbath” if he loses.
The American people already rejected Donald Trump’s self-obsessed quest for power once – Joe Biden will make sure they reject it for good in November.”
– Biden Campaign Statement
Trump reacted by posting on Truth Social.
“Today’s Historic Decision by the Supreme Court should end all of Crooked Joe Biden’s Witch Hunts against me, including the New York Hoaxes – The Manhattan SCAM cooked up by Soros backed D.A., Alvin Bragg, Racist New York Attorney General Tish James’ shameless ATTACK on the amazing business that I have built, and the FAKE Bergdorf’s “case.” PROUD TO BE AN AMERICAN!”
– Trump Statement on Truth Social
Someone close to Arkansas, the former governor, Asa Hutchinson has reacted.
“The Court’s decision giving a President total immunity from criminal prosecution for official acts is a bigger win for Trump than it sounds. The Court’s decision makes it very difficult for Jack Smith to try this case & the delays will continue. Not good. The Court also allows greater control of Justice Dept. by the President because the Court says an official act even includes threatening the AG with firing if he does not take action demanded of the President. I can only imagine how this may be abused.”
– Fmr. Governor of Arkansas Asa Hutchinson | To note: Hutchinson is also a former presidential candidate