On Monday, the U.S. Supreme Court ruled that former President Donald Trump cannot be prosecuted for official actions taken while in office, but he can be prosecuted for private acts. This decision marks the first time any form of presidential immunity from prosecution has been recognized.
Chief Justice John Roberts, writing for the majority in a 6-3 ruling, stated that former presidents need some immunity from criminal prosecution for official acts during their time in office. However, the court left it to the lower courts to decide if Trump has immunity for other actions, CNN reports.
The court’s conservative justices formed the majority, with the three liberal justices dissenting. Roberts wrote, “We conclude that under our constitutional structure of separated powers, the nature of presidential power requires that former presidents have some immunity from criminal prosecution for official acts during their tenure in office.”
Roberts further stated that immunity must be absolute concerning the president’s exercise of core constitutional powers. For other official actions, the president is also entitled to immunity. This case will be sent back to the lower courts for further review.
The court reviewed four categories of conduct in Trump’s indictment: his discussions with Justice Department officials after the 2020 election, his alleged pressure on then-Vice President Mike Pence to block the certification of Biden’s election win, his alleged role in assembling fake pro-Trump electors, and his actions related to the January 6, 2021, attack on the U.S. Capitol. The ruling granted Trump absolute immunity for his conversations with Justice Department officials but left it to the lower courts to decide if he has immunity for the other three categories.
This decision marks the first time since the nation’s founding that the Supreme Court has declared former presidents may be shielded from criminal charges in any instance. The court’s decision comes after Trump’s appeal of a lower court decision that had denied his immunity claim.
Liberal Justice Sonia Sotomayor issued a strongly worded dissent, stating that the majority’s ruling “makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.” She criticized the court for granting Trump broad immunity based on what she described as misguided reasoning about the need for bold and unhesitating action by the president.
The court resolved the case on the last day of its term, and it is unlikely that any trial on these charges could be completed before the election.
