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Supreme Court gives Trump broad immunity from prosecution

David G. Savage, Los Angeles Times on

Published in Political News

WASHINGTON — The Supreme Court on Monday gave former — and perhaps future — President Trump a broad shield of immunity from criminal charges.

In a 6-3 vote, the justices upheld Trump’s claim that he cannot be prosecuted for official actions he took while in the White House.

The six conservatives ruled that presidents and ex-presidents enjoy absolute immunity for exercising their core constitutional powers, including acting as commander in chief of the armed forces, and presumed immunity for their official acts.

The three liberal justices dissented, characterizing the decision as a stark and dangerous expansion of presidential power that effectively places the nation’s chief executive above the law.

The decision left the door slightly open to holding Trump accountable for some of his alleged “private” efforts to overturn the results of the 2020 election. The court sent the case back to a district judge in Washington to consider whether any of Trump’s efforts to overturn President Biden’s victory were unofficial and therefore subject to prosecution.

While the case began as a challenge to the pending indictment involving Trump’s past conduct, the court’s explicit endorsement of presidential immunity may have a far greater impact in the years ahead, particularly if Trump returns to the White House.

 

“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 that Trump will not face a trial on the 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 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 charged him. The court’s opinion makes clear that an ex-president cannot be prosecuted because of the actions of that administration’s 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.”

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