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The United States Supreme Court ruled on Monday that former presidents have immunity from prosecution for actions taken within their official capacity, but not for private actions.
The latest decision by the top court directly impacts former President Donald Trump’s efforts to shield himself from criminal charges related to his attempts to overturn the 2020 election results.
Immunity for official acts for presidents
The court’s 6-3 decision, delivered by Chief Justice John Roberts, marked a historic first in recognizing ex-presidential immunity for official acts.
The ruling came in response to Trump’s appeal against a lower court decision that rejected his claim of immunity.
This decision is significant as it is the first time since the nation’s founding that the Supreme Court has explicitly declared that former presidents may be shielded from criminal charges in any instance.
Chief Justice John Roberts, in announcing the ruling, stated,
The Constitution provides that a president is shielded from prosecution for acts taken within the scope of their official duties. However, this protection does not extend to actions outside of that scope.
What does this ruling mean for Trump?
Trump, who is running against Democratic President Joe Biden in the upcoming November election, had argued that he was immune from prosecution because his actions to overturn the 2020 election were taken while he was serving as president.
Special Counsel Jack Smith opposed this broad claim of immunity, emphasizing the principle that no one is above the law.
During the arguments in April, Trump’s legal team urged the justices to grant “absolute immunity” for all official acts taken in office.
They argued that without such immunity, sitting presidents would be vulnerable to political “blackmail and extortion” through the threat of future prosecution.
The latest ruling effectively means that the high-profile criminal case against Trump will not head to trial before the Nov. 5 election.
The political and legal impact
The court’s decision underscores the ongoing political and legal battles surrounding Trump.
The ruling likely does not leave enough time for Special Counsel Smith to try Trump on federal election subversion charges and for a jury to reach a verdict before the election.
Federal prosecutors have accused Trump of pressuring government officials to overturn the election results and encouraging his supporters to march to the Capitol on January 6, 2021, resulting in a violent attack.
Trump also faces election subversion charges in state court in Georgia and federal charges in Florida related to retaining classified documents after leaving office.
If Trump were to regain the presidency, he could attempt to end the prosecution or potentially pardon himself for any federal crimes.
The post Big win for Trump, US SC says he has immunity for official acts performed as president appeared first on Invezz
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