Trump has broad prosecutorial immunity: US Supreme Court

The U.S. Supreme Court has ruled that Donald Trump cannot be prosecuted for actions that were within his constitutional powers as president of the United States, a landmark ruling that marks the first time any form of presidential immunity from prosecution has been recognized.

The justices, in a 6-3 majority ruling authored by Chief Justice John Roberts, rejected a lower court decision that rejected Trump’s claim to immunity from federal criminal charges related to his efforts to overturn his 2020 election loss to Joe Biden.

The ruling marks the first time since the 18th century that the Supreme Court ruled that former presidents could be immune from criminal charges in any case.

“We conclude that, consistent with our constitutional structure of separation of powers, the nature of presidential authority requires that a former president enjoy some immunity from criminal prosecution for official actions taken while in office,” Roberts wrote.

As Roberts wrote, the immunity of former U.S. presidents is “absolute” with respect to their “core constitutional powers,” and a former president has “at least a presumptive immunity” for “acts within the outer scope of his official responsibility,” meaning prosecutors face significant legal hurdles in rebutting that presumption.

In recognizing Trump’s broad immunity, Roberts cited the need for the president to “perform his official duties fearlessly and with integrity” without fear of prosecution.

“When it comes to the president’s unofficial actions,” Roberts added, “there is no immunity.”

Trump praised the ruling in a social media post, writing: “A HUGE VICTORY FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

Trump is the Republican candidate challenging Biden, a Democrat, in a 2020 U.S. election rematch. The Supreme Court’s slow handling of the case and its decision to return key questions about the scope of Trump’s immunity to the judge presiding over the case for resolution make it unlikely he will be tried before the Nov. 5 election on the charges brought by special counsel Jack Smith.

Trump’s trial was set to begin March 4 before delays in the immunity case. No trial date has been set. Trump filed a motion seeking immunity with the judge in October, meaning the case has been in dispute for about nine months.

In a separate case filed in New York state court, Trump was found guilty by a Manhattan jury on May 30 of 34 counts of falsifying documents to conceal 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 cases and has called all the cases against him politically motivated.

Justice Sonia Sotomayor, joined by fellow liberal justices Elena Kagan and Ketanji Brown Jackson, delivered a strongly worded dissent, saying the ruling effectively creates a “law-free zone around the president.”

“When he uses his official powers in any way, the majority reasoning is that he will now be immune from criminal prosecution. Orders Navy SEAL Team 6 to assassinate a political rival? Untouchable. Stages a military coup to maintain power? Untouchable. Accepts a bribe in exchange for a pardon? Untouchable. Untouchable, untouchable, untouchable,” Sotomayor wrote.

“In every use of official power, the president is now king above the law.”

Biden criticized the Supreme Court ruling in a forceful speech at the White House.

“This nation was founded on the principle that there are no kings in America. Each and every one of us is equal under the law. No one, no one, is above the law. Not even the president of the United States,” he told reporters.

He added that the Supreme Court decision “changed everything for the better.”

“Now, the man who sent that mob into the United States Capitol faces potential criminal charges for what happened that day. The American people deserve to have that answer in a court of law before the upcoming election,” Biden said, referring to Trump’s trial for his role in inciting the riot.

Biden said the public has a right to know the results of that investigation before the November election.

“Now, because of today’s decision, it’s highly, highly unlikely. It’s a terrible disservice to the people of this country.”

Trump also faces election tampering charges in Georgia state court and federal charges in Florida, filed by Smith, of keeping secret documents after he left office.

If Trump regains the presidency, he could try to force an end to criminal proceedings or potentially pardon himself for any federal crimes.