Donald Trump: US Supreme Court grants former president partial immunity for actions he took while he was president
image Source, Getty Images
- Author, contract
- Role, BBC News World
The United States Supreme Court ruled on Monday that former President Donald Trump enjoys partial immunity from prosecution for actions taken during his tenure in the White House.
The court entitled him to “absolute immunity from criminal prosecution” for official actions taken during his tenure.
However, it ruled that Trump lacked immunity in the case of informal actions.
Supreme Court judges issue verdict with conservative majority 6 votes were cast in favour and 3 against,
A “victory” for Trump.
“We conclude that, under our constitutional separation of powers structure, the nature of presidential power requires that former presidents enjoy some immunity from criminal prosecution for official actions taken during their tenure,” Chief Justice John Roberts wrote in a document explaining the decision.
He added that, “at least with respect to the President’s exercise of his basic constitutional powers, this immunity must be absolute.”
However, he clarified that “the President does not enjoy immunity for his informal acts, and Nothing he does is official. “The president is not above the law.”
Trump called the decision a “great victory for our constitution and democracy” in a post on his social network Truth Social.
Most analysts believe the verdict represents a victory for the Republicans.
image Source, Getty Images
For its part, Joe Biden’s campaign for the elections expressed that the Supreme Court’s decision “does not change the facts” of what happened on January 6, 2021, and said that Trump “thinks he is above the law and is ready to do anything To gain and maintain power.
This was also the opinion of Sonia Sotomayor, one of the three justices who voted against it, who ironically stated that because of the decision “the president is now a monarch” who is “above the law.”
3 cases against former President
Donald Trump, who has always maintained his innocence, is facing three criminal cases.
The first is linked to his complaints of alleged fraud in the November 2020 elections, which he lost against Joe Biden Attack on the Capitol Done by his followers on January 6, 2021.
Federal prosecutors allege that Trump pressured officials to overturn the election results, knowingly spread falsehoods about alleged voter fraud and tried to exploit the Jan. 6, 2021, Capitol riot to delay the certification of Biden’s victory and remain in power.
That is why he was accused of Four criminal chargesWhich includes conspiracy to undermine the United States and conspiracy against the rights of citizens.
image Source, Getty Images
Another separate case also relates to the 2020 elections, in this case in the state of Georgia, where he lost by a narrow margin.
Former president and 18 others face charges hatched a criminal conspiracy to reverse that defeat By illegal means.
The investigation is based in part on a leaked phone call in which Trump asked the state’s top elections official to “find him 11,780 votes.”
The third case is of Classified Documents The White House that the former president would have moved to his Mar-a-Lago residence after leaving office.
Also being investigated is whether he obstructed the FBI’s efforts to recover the files, as well as a criminal investigation into his handling of them.
Most of the charges in the case are for knowingly concealing national defense information, which is covered by the Espionage Act.
“Official” and “unofficial” actions
The document in which the Supreme Court judges explained their decision contains some clues Which of Trump’s actions are considered official?And so who will be protected by immunity, and who will not.
For example, ordering the Justice Department to debate with states about investigations into alleged election fraud would be an official action.
He also spoke to then-Vice President Mike Pence, who was pressured by Trump not to certify the results of the 2020 elections.
Similarly, they deemed as “official” the speech Trump gave on the morning of January 6, 2021 – in which he encouraged protesters to march to the Capitol and suggested he might join them – and the tweets he posted that day.
image Source, Getty Images
Supreme Court judges leave it to lower courts to determine Some acts are considered “informal”,
One of them has tried to convince state officials that alleged election fraud means they should change the state’s votes in Trump’s favor.
The second is that lists of so-called “false electors” have been created by states to certify that Trump won the election in places where, in fact, he lost the election.
Both are related to charges the former president faces in Georgia.
Donald Trump’s campaign for the 2024 elections has been hit by several judicial scandals.
In late May he was found guilty at a trial in New York of 34 charges of falsifying documents to conceal secret payments to former porn star Stormy Daniels.
The verdict made Trump the first former US president in history to be convicted in a criminal trial.
Trump doesn’t get full immunity, but gets a win
Analysis by Anthony Zurcher, BBC North America correspondent
The former President and his team are satisfied with Monday’s decision.
According to the court, Donald Trump enjoys full immunity for official actions related to his basic constitutional duties as president.
In addition, there is a presumption of immunity for any other official function.
In practical terms, this means prosecutors will have to work much harder to make their case about election interference and the January 6 attack on the US Capitol.
Supreme Court Chief Justice John Roberts outlined guidelines that could be particularly damaging to the prosecution’s case against Trump.
The former president’s efforts to pressure Vice President Mike Pence not to certify Joe Biden’s electoral victory — an essential part of special counsel Jack Smith’s case — is the type of official action that is subject to a high standard of legal scrutiny.
Your communications with Justice Department officials enjoy full immunity.
And the president’s remarks on January 6, which allegedly incited the attack on the Capitol, would also be considered official actions.
However, the court said Trump lacks immunity for impeachable actions, meaning he could still face some charges.
But the court’s decision guarantees that the case will be delayed well past the November presidential election while a lower court works out the details of the ruling.
The court may not have granted Trump the full immunity he sought, but in practice it is a major victory for the former president.
And remember that you can receive notifications in our app. Download the latest version and activate them.