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Trump wins, Supreme Court rules in January 6 case

 


7 hours ago

By Anthony Zurcher, @awzurcher, North America correspondent, Reuters

The former president's comments on January 6, 2021, before the Capitol riot, are likely to be considered official actions

Shortly after the Supreme Court ruled on his request for presidential immunity, Donald Trump took to social media to celebrate his victory.

A great victory for our constitution and our democracy, he wrote on Truth Social. “I am proud to be an American!”

While Trump did not get the broad protections he and his lawyers had sought, he got more than enough to achieve his immediate goal of delaying another trial until after the November election.

The ruling by the six conservative justices dealt a serious blow to the federal criminal case against him, who is accused of trying to overturn the results of the 2020 election.

Special counsel Jack Smith and his team will have to significantly restructure their case against the former president, as well as the evidence they can rely on, if they are to proceed. The trial has been suspended pending that decision.

Monday's 6-3 decision ensures that any lawsuits that arise from the ruling will be delayed well beyond the November presidential election while the lower court considers the Supreme Court's guidance.

In reality, the six conservative justices set the bar extremely high for Mr. Smith and his team.

According to the court, Trump enjoys full immunity for official acts he performed as president in the course of his core constitutional duties. This includes communications he had with Justice Department officials about allegations of election fraud. This part of the indictment against Trump is therefore moot.

In addition, the six judges said there is a presumption of immunity for any other official act. In practice, this means that prosecutors will have to work much harder to bring charges against Trump.

The Court added, however, that presidents do not enjoy immunity for unofficial acts.

Chief Justice John Roberts, in his opinion, then applied that standard specifically to the former president's instructions that could be particularly damaging to the prosecution in the election interference case.

Trump's attempts to pressure Vice President Mike Pence not to certify Joe Biden's election victory, a key part of the Jack Smith case, are the type of official action subject to this higher standard of legal scrutiny.

The former president's comments on January 6, 2021, allegedly inciting the attack on the Capitol are also likely to be considered official actions.

The chief justice also said that testimony or private records from the president or his advisers are not admissible in court. That severely limits the types of evidence prosecutors can present to support their case, even in cases involving unofficial actions.

Meanwhile, Trump's contacts with private citizens will have to be examined by the trial court to determine whether they constituted unofficial actions.

Justice Roberts explained that presidents need such broad immunity for their official actions because the threat of criminal prosecution and the special public opprobrium that attaches to criminal proceedings could distort presidential decision-making.

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

Getty Images

Protesters gathered outside the Supreme Court as the decision was read on Monday.

While the former president and his team celebrated the decision as a victory for American democracy, the court's three liberal justices had a very different view.

In every exercise of official power, the president is now a king above the law, Justice Sonia Sotomayor warned in her opinion dissenting from the courts' decision.

She then listed a series of actions for which presidents cannot be prosecuted, such as ordering the assassination of a political rival, accepting bribes in exchange for pardons and staging a coup to stay in power.

“Immune,” she wrote. “Immune, immune, immune.”

Out of fear for our democracy, she concluded, I disagree.

The Supreme Court now sends the election interference case back to the lower court judge, who will have to apply the details of the decision. Those decisions will also be subject to appeal and reconsideration, a process that could take months or even years.

And if Trump wins the presidency in November, his Justice Department appointees could drop the case altogether.

Court drew 'careful line' in Trump decision, lawyer says

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