US Supreme Court grants Trump immunity for alleged criminal acts

Justice Ketanji Brown Jackson accused the conservative majority of setting a dangerous precedent: establishing a new model of presidential accountability that grants undue immunity to the highest office.

On Monday, July 1, the U.S. Supreme Court ruled that former President Donald Trump is protected from prosecution for some of his actions during his presidency in his election interference trial. However, other actions may not be protected. The decision adds another layer of complexity to the potential legal proceedings.

In a closely watched case exploring the limits of presidential power, the justices voted 6-3 along ideological lines to reject Trump’s request for immunity. The decision means that charges related to his efforts to overturn the 2020 election won’t be dismissed outright. But the court said prosecutors are barred from pursuing actions closely related to his presidential duties.

Trump has already been convicted of 34 counts related to a fraud scheme to cover up an extramarital affair with an adult film star while Melania Trump was pregnant.

Chief Justice John Roberts, writing for the majority, stressed the need for lower courts to look more closely at the actions for which Trump can be prosecuted. Specifically, the court determined that Trump’s interactions with Justice Department officials and Vice President Mike Pence in the run-up to the Jan. 6 attack on the Capitol by his supporters are considered core presidential powers and therefore immune from prosecution.

“The president is not above the law,” Roberts wrote. “But Congress cannot criminalize the president’s conduct in the exercise of executive branch responsibilities under the Constitution.”

The decision leaves the case uncertain and requires a new hearing before U.S. District Judge Tanya Chutkan. Judge Chutkan will now review other alleged conduct by Trump, including his communications with state election officials, private parties and members of the public, to determine whether it qualifies as official acts.

The Supreme Court’s progressive justices dissented, with Justice Sonia Sotomayor saying the decision violated a fundamental constitutional principle that no individual is above the law. “Trump will now be immune from criminal prosecution. In every exercise of his official power, the president is now a king, above the law,” Sotomayor said.

Justice Ketanji Brown Jackson, in a strongly worded dissent, accused the conservative majority of setting a dangerous precedent by establishing a new model of presidential accountability that grants undue immunity to the highest office.

“With this understanding of how our system of criminal liability usually works, it becomes much easier to see that the majority's decision in this case breaks a new and dangerous path,” Jackson wrote.

“In departing from the traditional model of individual accountability, the majority has concocted something entirely different: a model of presidential accountability that creates an immunity – an exemption from criminal law – applicable only to the most powerful official in our government,” she added.

Justice Jackson also warned of the broader implications of the decision, suggesting that even a hypothetical president who committed serious crimes, such as ordering the assassination of political rivals or plotting a coup, could potentially claim immunity under the new model.

Donald Trump, who faces nearly 50 other charges related to the 2020 election, is running for president and has openly talked about executing his rivals. What will stop him from carrying out his threat if he becomes president?

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Extract:
Judge Ketanji Brown Jackson also warned of the broader implications of the decision, suggesting that even a hypothetical president who committed serious crimes, such as ordering the assassination of political rivals or plotting a coup, could potentially claim immunity under the new model.

Photo captions:
The courtroom of the Supreme Court of the United States. Photo: supremecourt.gov

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