The US Supreme Court has sent back to a lower court Donald Trump’s claim that he is immune from prosecution for his actions while president.
Triumph faces prosecution for his role in the deadly January 6, 2021, riot at the Capitol in Washington, DC, after he encouraged his supporters to gather in Congress to oppose the approval of Joe Biden’s election victory in 2020; and alleged attempts to overturn the result of the 2020 election.
The former president had been charged with conspiracy to defraud the United States, conspiring against Americans’ voting rights, and corruptly obstructing an official proceeding and conspiring to do so.
In a landmark 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts, but not immunity for unofficial acts.
But rather than decide for themselves, the justices ordered lower courts to determine precisely how to apply their decision to Trump’s case.
The lower court must now decide whether he acted officially or privately.
Shortly after the decision was announced, Trump posted on his social network: “GREAT VICTORY FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”
‘The president is now king above the law’
The three liberal justices dissented from the majority opinion.
One of them, Sonia Sotomayor, wrote: “Today’s decision to grant criminal immunity to former presidents reforms the institution of the presidency. It makes a mockery of the principle, fundamental to our constitution and system of government, that no man is above of the law. “
Mrs. Sotomayor added: “In every use of official power, the president is now a king above the law.” And she concluded: “Out of fear for our democracy, I dissent.”
Former Attorney General Eric Holder called the decision “absurd and dangerous” and tweeted: “Our democracy has been seriously wounded.”
The slowness in handling the case favors Trump
Trump’s legal team had argued that he had immunity from prosecution since he was serving as president when he took the actions that led to the charges.
Special prosecutor Jack Smith, who brought the charges in August last year, has opposed presidential immunity from prosecution based on the principle that no one is above the law.
The trial was scheduled to begin on March 4, before delays over the immunity issue. No trial date has now been set.
The Supreme Court’s decision adds more delays, and if Trump is president again in November he could use his powers to dismiss the charges against him.
The court’s slow handling of the case has already helped Trump by making it unlikely that any trial on these charges can be completed before the Nov. 5 election.
Trump has pleaded not guilty to the charges. He still faces three other charges.
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The cases against Trump
Smith is leading two federal investigations into the former president, both of which have led to criminal charges.
The Washington case centers on Trump’s alleged efforts to overturn the 2020 election, while a case in Florida revolves around mishandling of classified documents. Another case in Georgia also revolves around Trump’s actions following his 2020 defeat.
Trump has said the cases against him are politically motivated attempts to prevent him from returning to the White House.
Trump, 78, in May became the first former president convicted of a serious crime.
He was found guilty of falsifying business records to cover up a hush payment made during the 2016 presidential election to porn star Stormy Daniels, who says she had sexual relations with him, a claim he denies.
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