Former President Donald Trump celebrated the U. S. Supreme Court’s ruling on his presidential immunity in the Justice Department’s election interference case.
The court ruled Monday that former presidents have absolute immunity for official acts, but not immunity for personal acts. The court sent the case back to a lower court in Washington, D. C. , to determine what constitutes a formal act.
While Trump may still be tried on some unofficial charges, conservatives see the resolution as a victory. This makes it less likely that the case will go to trial before the November elections. Legal analysts said Trump could simply fall. the fees in case you win in November.
Trump responded to the resolution in an article on Truth Social, writing, “GREAT VICTORY FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”
Newsweek reached out to the Justice Department for comment via email.
The case, led by special counsel Jack Smith, focuses on Trump’s moves around the 2020 election and his alleged efforts to overturn the effects of the 2020 election, such as creating fake lists of pro-Trump electorate in states he lost to President Joe Biden.
Trump’s lawyers argued that his moves constituted official presidential acts and that he raised considerations about the legitimacy of the election in his official capacity as president. Prosecutors maintain, however, that he was acting at the time as a candidate and not as president.
The court issued the ruling by a vote of 6 to 3. Chief Justice John Roberts drafted the majority opinion, united through the conservative justices. Justices Ketanji B. Jackson, Elena Kagan and Sonia Sotomayor dissented.
“In our constitutional design of separate forces, the nature of presidential force confers on a former president absolute immunity from prosecution of criminals for movements within his conclusive and exclusive constitutional authority. And he is entitled to at least a presumptive immunity from prosecution during all his official acts. ” There is no immunity for unofficial acts,” Roberts wrote.
Sotomayor wrote that he disagreed “for our democracy,” warning of the implications of the decision.
“Never in the history of our Republic has a president had an explanation as to why he would be immune from prosecution by criminals if he used the elements of his workplace to violate the law of criminals. “If the occupant of this position abuses official force for no public benefit, the criminal law that we will all have to comply with will not provide safeguards,” he wrote.
Biden responded to the resolution in a statement.
“Today’s resolution is not a substitute for the facts, so let’s be very transparent about what happened on January 6: Donald Trump collapsed after squandering the 2020 election and encouraged a mob to nullify the effects of a relaxed and fair election,” he said.
“Trump is already running for president as a convicted felon for the same explanation of why he stood idly by as the mob violently attacked the Capitol: he believes he is above the law and willing to do anything to gain and retain strength for himself. “
Conservative legal analyst Jonathan Turley said on Fox News, “Reading this opinion, I don’t see how it doesn’t cause the special suggestion to cause cardiac arrest. “He said the court had placed “a very significant burden on Jack Smith when the case was sent back to the judge” and that the court had given “much clearer instructions than other people expected. “
Legal analyst and former deputy attorney general Harry Litman wrote on X, formerly Twitter: “From what I have read, no accused conduct is obviously not subject to immunity. Everything demands a “fact-based” investigation. An investigation of the allegations or something else?Even elliptical speech can be immune.
Rep. Jim Jordan, an Ohio Republican who chairs the House Judiciary Committee, said, “Hyperpartisan prosecutors like Jack Smith use the rule of law as a weapon to go after the administration’s main political rival, and we hope the left will prevent their attacks on President Trump and respect democratic standards. “
A lower court will now determine which of Trump’s alleged crimes constitute official actions. It’s unclear how long this will take or when Trump’s trial might begin.
Update 24/07/01, 11:11 a. m. ET: This article has been updated with more information.
Update 24/01/07, 11:37 a. m. ET: This article has been updated with more information.
Andrew Stanton is a weekend reporter for Newsweek in Maine. Its role is to report on American politics and social issues. Andrew joined Newsweek in 2021 from the Boston Globe. He is a graduate of Emerson College. Andrew can be reached by emailing a. stanton@ newsweek. com. Languages: English.
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