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Supreme Court rules Trump is shielded from prosecution for his official acts

David G. Savage, Los Angeles Times on

Published in News & Features

WASHINGTON — The Supreme Court ruled Monday that former President Trump cannot be prosecuted for his official acts while in office, but left the door open slightly to holding him accountable for some of his alleged efforts to overturn the 2020 election results.

In a 6-3 vote, the justices upheld Trump's claim that he was largely immune from any criminal charges related to his official actions while in the White House.

The three liberal justices dissented.

The majority sent the case back to lower courts to determine whether any of Trump's actions involving the 2020 presidential election and effort to overturn President Biden's victory were unofficial and therefore subject to prosecution.

The decision is a clear win for Trump. The court's conservative majority agreed with his claims that an ex-president has a broad immunity from criminal charges. And the case was sent back to a district judge for further hearings that will take many months.

"The president enjoys no immunity for his unofficial acts, and not everything the president does is official. The president is not above the law," said Chief Justice John G. Roberts Jr. "But Congress may not criminalize the president's conduct in carrying out the responsibilities of the executive branch under the Constitution. And the system of separated powers designed by the framers has always demanded an energetic, independent executive. The president therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts."

 

This outcome all but assures Trump will not face a trial on these charges before the November election. And if he returns to office, he can order the Justice Department to dismiss the case.

The ruling would also extend a shield of immunity to President Joe Biden. Trump has declared that he would seek retribution if he returns to the White House, including by bringing criminal charges against those who have gone after him. But the court's opinion makes clear that ex-president could not prosecuted because of the actions of his Justice Department.

In dissent, Justice Sonia Sotomayor said "today's decision to grant former presidents criminal immunity reshapes the institution of the presidency. It makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law .... The court gives former President Trump all the immunity he asked for and more. Because our Constitution does not shield a former president from answering for criminal and treasonous acts, I dissent." Justices Elena Kagan and Ketanji Brown Jackson agreed.

The ruling would also extend a shield of immunity to President Biden. Trump has declared that he would seek retribution if he returns to the White House, including by bringing criminal charges against those who have gone after him. But the court's opinion makes clear that ex-presidents cannot be prosecuted because of the actions of their Justice Department.

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