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Trump’s “Big Win” In US Supreme Court

by | Jul 2, 2024

The US Supreme Court has found that Donald Trump cannot be prosecuted for actions that were within his constitutional powers as US president in a landmark ruling recognising for the first time any form of presidential immunity from prosecution.

In a 6-3 ruling, the justices threw out a lower court’s decision that had rejected Trump’s claim of immunity from federal criminal charges involving his efforts to undo his 2020 election loss to Joe Biden. The Reuters news agency reported the ruling marked the first time since independence that the Supreme Court has declared that former presidents may be shielded from criminal charges in any instance.

“We conclude that under our constitutional structure of separated powers, the nature of presidential power requires that a former president have some immunity from criminal prosecution for official acts during his tenure in office,” Chief Justice John Roberts wrote in the majority opinion.

He added that immunity for former US presidents is “absolute” with respect to their “core constitutional powers” adding that a former president has “at least a presumptive immunity” for “acts within the outer perimeter of his official responsibility.”

President Biden was quick to react publicly, indicating he has no intention of quitting this year’s race for The White House after his poor performance in last week’s campaign debate.

He denounced the Supreme Court ruling as setting a “dangerous precedent” that undermined the “rule of law” and which was “a terrible disservice” to Americans. “Today’s decision almost certainly means that there are virtually no limits on what a president may do. The man who sent that mob to the US Capitol is facing potential criminal conviction for what happened that day. The American people deserve to have an answer in the courts before the upcoming election.” Mr. Biden was referring to his predecessor being on trial for his alleged role in spurring the riot.

Earlier, Donald Trump boldly hailed the judgement on his social media as a “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

The ruling will further delay the criminal case against Mr. Trump for allegedly trying to subvert the 2020 election result. The trial judge must now determine which actions were carried out in Trump’s capacity as president, which could take months. Any trial is unlikely to start before November’s presidential election.

In recognising broad immunity for the former president, Chief Justice Roberts cited the need for a president to “execute the duties of his office fearlessly and fairly” without the threat of prosecution. “As for a president’s unofficial acts, there is no immunity,” he declared.

In a fiery dissent for the court’s three liberals, Justice Sonia Sotomayor wrote, “In every use of official power, the President is now a king above the law. Because our Constitution does not shield a former president from answering for criminal and treasonous acts, I dissent. [The decision] makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.” She added that the protection afforded presidents by the court “is just as bad as it sounds, and it is baseless.”

“When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organises a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune,” Justice Sotomayor continued.

Senate Majority Leader Chuck Schumer called the ruling “a disgraceful decision,” made with the help of the three justices that then President Trump appointed. “It undermines [the court’s] credibility and suggests political influence trumps all in our courts today.”

The Associated Press writes: “If Trump’s Washington trial does not take place before the 2024 election and he is not given another four years in the White House, he presumably would stand trial soon thereafter. But if he wins, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecution he faces. He could also attempt to pardon himself if he reclaims The White House. He could not pardon himself for the conviction in state court in New York.”

The former president’s lawyers have already asked the New York judge who presided over his ‘hush money’ trial to set aside his conviction and delay his sentencing scheduled for later this month while he weighs up the ramifications of the Supreme Court’s decision and how it could influence the New York case.

  

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