Supreme Court rules Donald Trump has immunity for official acts in election interference case – Essence

The U.S. Supreme Court on Monday ruled that former President Donald Trump can’t be prosecuted for official actions taken in office, but he might be prosecuted for private actions. The decision marks the primary time any type of presidential immunity from prosecution has been recognized.

Supreme Court Justice John Roberts, writing for the bulk in a 6-3 ruling, said former presidents need some immunity from criminal prosecution for official actions while in office. But the court left it as much as lower courts to determine whether Trump has immunity for other actions, reports CNN.

The court’s conservative justices were in majority, with three liberal justices dissenting. Roberts wrote, “We conclude that, consistent with our constitutional structure of separated powers, the nature of presidential power requires that former presidents have some immunity from criminal prosecution for official actions while in office.”

Roberts further held that immunity have to be absolute with respect to the president’s exercise of basic constitutional powers. The president also has immunity for other official acts. This case can be sent back to lower courts for further consideration.

The court considered 4 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 dam the certification of Biden’s election victory, his alleged role in gathering fake electors to support Trump, and his actions related to the attack on the U.S. Capitol on Jan. 6, 2021. The ruling granted Trump absolute immunity for his conversations with Justice Department officials but left it as much as lower courts to determine whether he has immunity with respect to the opposite three categories.

The decision marks the primary time because the country’s founding that the Supreme Court has ruled that former presidents might be immune from criminal charges in any case. The court’s decision comes after Trump appealed a lower court ruling that denied his request for immunity.

Liberal Justice Sonia Sotomayor issued a sharply worded dissenting opinion, saying the bulk ruling “makes a mockery of the principle, fundamental 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 a flawed reasoning concerning the need for daring and brazen motion by the president.

The court ruled on the case on the last day of its term, and it’s unlikely that any trial on these charges can be accomplished before the election.