Reuters. The U.S. Supreme Court for the first time on Monday (July 1) recognized that ex-presidents have immunity from prosecution for certain actions taken in office, as it threw out a judicial decision rejecting Donald Trump's bid to shield himself from criminal charges involving his efforts to undo his 2020 election loss.
The court ruled 6-3 that while former presidents enjoy immunity for actions they take within their constitutional authority, they do not for actions taken in a private capacity. The ruling marked the first time since the nation's 18th century founding that the Supreme Court has declared that former presidents may be shielded from criminal charges in any instance.
Chief Justice John Roberts announced the landmark ruling on behalf of the court's six-justice conservative majority. The court's three liberal justices dissented.
The decision came in Trump's appeal of a lower court ruling rejecting his immunity claim. The court decided the case on the last day of its term.
Trump is the Republican candidate challenging Democratic President Joe Biden in the Nov. 5 U.S. election in a rematch from four years ago. The court's slow handling of the blockbuster case already had helped Trump by making it unlikely that any trial on these charges brought by Special Counsel Jack Smith could be completed before the election.
Trump had argued that he is immune from prosecution because he was serving as president when he took the actions that led to the charges. Smith had opposed presidential immunity from prosecution based on the principle that no one is above the law.
During April 25 arguments in the case, Trump's legal team urged the justices to fully shield former presidents from criminal charges - "absolute immunity" - for official acts taken in office. Without immunity, Trump's lawyer said, sitting presidents would face "blackmail and extortion" by political rivals due to the threat of future prosecution.
The court's 6-3 conservative majority includes three justices Trump appointed. Smith's election subversion charges embody one of the four criminal cases Trump has faced.
Trump, 78, is the first former U.S. president to be criminally prosecuted as well as the first former president convicted of a crime.
In the special counsel's August 2023 indictment, Trump was charged with conspiring to defraud the United States, corruptly obstructing an official proceeding and conspiring to do so, and conspiring against the right of Americans to vote. He has pleaded not guilty.
Trump's trial had been scheduled to start on March 4 before the delays over the immunity issue. Now, no trial date is set. Trump made his immunity claim to the trial judge in October, meaning the issue has been litigated for about nine months.
In a separate case brought in New York state court, Trump was found guilty by a jury in Manhattan on May 30 on 34 counts of falsifying documents to cover up hush money paid to a porn star to avoid a sex scandal before the 2016 election. Trump also faces criminal charges in two other cases. He has pleaded not guilty in those and called all the cases against him politically motivated.
U.S. President Joe Biden on Monday (July 01) criticized the Supreme Court ruling on presidential immunity that was seen as a win for his election rival, former President Donald Trump, calling it a dangerous precedent that did a disservice to the American people.
In calm, measured remarks from the White House, Biden said the decision meant Trump was highly unlikely to go on trial before the Nov. 5 election for his role in seeking to overturn the results of the 2020 election.
