Supreme Court Ends Term With Monumental Ruling On Trump Immunity : NPR

The Supreme Court concluded its term Monday with a monumental decision granting former President Donald Trump substantial immunity from criminal prosecution.

AILSA CHANG, HOST:

The Supreme Court ruled today that a president enjoys absolute immunity from criminal prosecution for core constitutional powers, as well as presumptive immunity for official acts. But the court also ruled that the president does not enjoy immunity for unofficial acts. The court has now sent the case back to the lower court to analyze what exactly constitutes an official act. The decision could have major implications for the 2024 presidential campaign. And to discuss it, we're going to turn now to Domenico Montanaro, NPR's senior editor and political correspondent. Hey, Domenico.

DOMENICO MONTANARO, BYLINE: Hello, Ailsa.

CHANG: OK, so what do you think this decision will mean for the federal election interference case against former President Trump and also for the election, ultimately?

MONTANARO: First of all, this is a huge victory for Trump, but simply because of the timing, because it means there's no chance of a verdict in this case before the election. And this case has been seen as central to the criticism of Trump, in the wake of what happened on January 6th. It's a major political case, because voters have said in polls that they might turn away from Trump if he were convicted of the crimes for which he's been investigated.

There have been four criminal investigations into his conduct. Trump was convicted in one of those cases, the New York state fraudulent business practices case related to the 2016 election. And we saw the polls shift a little bit in Biden's favor after that felony conviction. And it was the case least likely to have consequences. But now voters won't have the context of Trump's culpability in that January 6 case until they cast their ballots in the fall.

CHANG: I imagine the Trump campaign must be pretty pleased with this outcome at the Supreme Court. How did they react, specifically?

MONTANARO: Yeah, absolutely. I mean, the Trump team sent out a fundraising email within minutes of the decision. And we know that these cases have been a boon for Trump in terms of fundraising. Trump called the decision, quote, “a big win.”

And the whole way he's reacting is kind of modeled after Trump's strategy of years past – he declares victory even when the truth is a little bit more nuanced, you know, like in the Mueller investigation into Russian interference, when he said he was exonerated when Mueller explicitly said he wasn't. That's the way he reacted after he was impeached twice and a majority of senators voted to convict him, but not the two-thirds needed to remove him.

CHANG: That's right.

MONTANARO: And Trump also said he was exonerated. Trump has been able to protect himself, in fact, through these tactics with his voters without suffering any political consequences. And his legal team has been largely successful – with the exception of this New York case, as I said before – in trying to deflect, delay and deflect.

CHANG: OK. In the meantime, how is the Biden campaign responding to all of this?

MONTANARO: Well, they also take a page from their own playbook and downplay what a court says. You know, after Trump was convicted in New York, the Biden campaign released a statement saying, in part, quote, “Trump's decision does not change the facts of what happened on January 6th.” They also said that Donald Trump, quote, “went crazy after losing the 2020 election and encouraged a mob to overturn the results of a free and fair election.” And they noted that voters rejected Trump once, and that, quote, “Joe Biden will make sure they reject him for good in November.”

Of course, the president has his own issues recovering from his shaky performance in last week’s debate, which Democrats say is hampering his ability to make a strong case against Trump. But these legal issues are at the heart of why Biden says people should vote for him despite concerns about his age, because of the two very different kinds of things these men want to do for the country.

CHANG: Sure. But, I mean, regardless of what people think about this particular Supreme Court decision, there are people in both parties right now who don't trust this particular Supreme Court, particularly among Democrats in recent years. Can you talk about how the court plays a broader role in this election?

MONTANARO: The Supreme Court is definitely going to be a central part of the campaign, not just because of decisions like this one, but also primarily because of abortion rights. Those also happen to be the two issues that the Biden campaign is putting the most emphasis on. The Dobbs decision that overturned Roe v. Wade would not have happened without the justices appointed by Trump. And it's likely that this decision and what it could mean for the presidency would not have happened either.

All three liberal justices dissented in this case, with Justice Sonia Sotomayor being the most adamant, who said that this decision makes the president, quote, “a king above the law.” Foreign policy and judges are things that presidents can control more than most other things, but people don’t seem to vote on these issues. You know, and as we see, the Supreme Court can really influence generations of American social policy — in the case of the current Court, in ways that conservatives love and people on the left hate.

CHANG: That's NPR's Domenico Montanaro. Thank you, Domenico.

MONTANARO: You're welcome.

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