Biden attacks ‘dangerous precedent’ as presidents get broad immunity

US President Joe Biden said US Supreme Court justices set a “dangerous precedent” by ruling that former presidents have broad immunity from prosecution.

The ruling extended the stay of criminal proceedings in Washington against Donald Trump accusing him of conspiring to overturn his 2020 presidential election loss, and all but ended the former president’s chances of being tried before the November election.

Mr. Trump’s lawyers responded by asking the New York judge who presided over his bribery trial to throw out his conviction and postpone his sentencing, which is scheduled for later this month.

In a 6-3 ruling, a conservative majority of judges, including three justices appointed by Mr. Trump, narrowed the scope of the case against him and sent it back to the trial court to determine what remains of the indictment by special counsel Jack Smith.

Mr Biden said the justices had set a “dangerous precedent that undermines the governance of this country”.

Citing widely accepted limits on presidential power dating back to George Washington, he lamented that “as a practical matter, today’s decision almost certainly means that there are virtually no limits on what the president can do.”

Mr. Trump posted in all caps on his social media shortly after the decision was announced: “A great victory for our Constitution and democracy. Proud to be an American!”

Chief Justice John Roberts has insisted that the president is “not above the law,” but in a sharp dissent from three liberals on the court, Justice Sonia Sotomayor wrote, “In every use of official power, the president is now a king above the law.”

The ruling said Mr Trump was “absolutely untouchable” over allegations relating to his conversations with the Justice Department.

He is also “at least presumptively immune” from accusations that he tried to pressure then-Vice President Mike Pence to reject the certification of Biden’s electoral vote victory on January 6, 2021.

Mr. Roberts wrote that the prosecutor could try to argue that pressure on Mr. Pence could still be part of the charges against him.

Justice Roberts’ opinion placed even greater constraints on prosecutors, barring them from using official records as evidence to prove that the president’s unofficial actions violated the law.

The decision on how Trump’s trial will proceed will be made by U.S. District Judge Tanya Chutkan, who will preside over his trial.

Mr. Trump’s lawyers wrote to Judge Juan M. Merchan, citing the Supreme Court ruling and asking for a stay of sentencing so he could consider the high court’s decision and its impact on the New York case.

According to the letter, the lawyers say the Supreme Court decision reaffirmed a position previously raised by the defense in the case that prosecutors should be barred from presenting certain evidence they said constituted official acts of the president.

In previous court documents, Mr. Trump has argued he is entitled to immunity from prosecution for alleged actions involving official acts while in office.

His lawyers have not raised it as a defense in their silence, but they have argued that some of the evidence — including Trump’s social media posts about former lawyer Michael Cohen — dates back to his time as president and should be excluded from the trial because of his immunity protections.

Mr. Trump was convicted in New York on 34 counts of falsifying business records, which prosecutors said was an attempt to conceal a bribe he paid just before the 2016 presidential election.