What Does Trump's Supreme Court Ruling on Immunity Mean? | 2024 US Election News

On Monday, the U.S. Supreme Court ruled that Donald Trump is immune from prosecution for acts he committed within the scope of his constitutional powers as president.

The ruling applies to anyone serving as president of the United States. However, a president can be prosecuted for acts committed in a personal capacity.

Although the issue of presidential immunity has been raised before, notably during Richard Nixon's Watergate scandal and Bill Clinton's sexual assault trial, this is the first time a former US president has been indicted on criminal charges.

The decision further delays the opening of criminal proceedings in Washington against Mr. Trump, who is accused of trying to overturn his defeat in the 2020 presidential election and inciting the riots at the US Capitol on January 6, 2021. The case had been sent to the Supreme Court to determine the question of immunity. It will now return to the lower court.

This is the first time the Supreme Court has officially ruled that former presidents can be protected from criminal prosecution.

Described by Trump as a BIG VICTORY over Truth Social, a social media platform owned by the Republican leader, but as a dangerous precedent by President Joe Biden, here's more on the Supreme Court's historic 6-3 decision on immunity:

What does the Supreme Court's verdict say about Trump's immunity?

Six Supreme Court justices, all appointed by Republican presidents out of nine, have agreed that if the president takes action within the powers granted to him by the Constitution, he cannot be prosecuted.

The United States Constitution grants the president powers including the ability to grant pardons, veto or sign bills into law, appoint senior officials including cabinet members and Supreme Court justices, and direct the military after Congress declares war on a foreign nation.

The verdict also grants the president presumptive immunity from criminal prosecution for acts of the president within the scope of his official responsibility, meaning that a president is presumed to enjoy immunity from prosecution if his action concerns even a small part of his official status.

Furthermore, the court ruled that if a president is prosecuted for an act performed in his personal capacity, the prosecution cannot refer to the president's official actions as evidence.

Who opposed Trump's immunity case?

Three justices, Sonia Sotomayor, Ketanji Brown Jackson and Elena Kagan, disagreed with the Supreme Court's opinion and issued a 29-page dissent.

Led by Sotomayor, the dissenters declared: “Out of fear for our democracy, I dissent.”

Does this verdict grant total immunity to an American president?

The immunity ruling does not technically place Trump above the law, as he (and any former president) can still be prosecuted for unofficial acts that fall outside his presidential office.

However, critics say that in practice this could give a former president complete immunity.

The Supreme Court's opinion grants presumptive immunity, making it difficult to distinguish between acts committed in a personal or presidential capacity.

Many critics believe that it will be too difficult to differentiate between a president's personal actions and those carried out in his official capacity.

The only thing that will prevent a president from abusing his power, the court's opinion said, is his own sense of restraint and members of the executive branch who might not follow his orders, Chris Edelson, an assistant professor of government at American University, told Al Jazeera.

We face the looming prospect of a potential dictator coming to power if Trump wins the election this fall.

What does this mean for the Trump election subversion case?

Trump is unlikely to be prosecuted over allegations that he pressured Vice President Mike Pence to reject the certification of Biden's victory on January 6, 2021. That charge is part of Washington's case against Trump.

Additionally, he cannot be prosecuted for attempting to pressure the Justice Department to investigate unfounded allegations of election fraud, which were also part of the case.

What happens next in the election subversion case?

Trump's election subversion case goes to District Judge Tanya Chutkan of the lower court in Washington, D.C., to determine what acts Trump should be prosecuted for.

Contrary to Trump's wishes, the Supreme Court did not dismiss his indictment accusing him of illegally conspiring to cling to power after losing the election. The indictment was filed in August 2023 by special counsel Jack Smith. It charges Trump with four felonies, some of which carry a sentence of up to 20 years in prison.

In addition to granting Trump presumptive immunity for pressuring Pence, the conservative Supreme Court justices also tossed out the allegation that Trump tried to use the Justice Department's investigative power to overturn the election results.

Judge Chutkan must now analyze and determine whether other actions cited in the indictment amount to official conduct for which Trump would be immune from prosecution.

Trump’s communications to his supporters, which the case alleges incited the January 6, 2021, Capitol riots, will also be analyzed to determine whether they amount to official conduct. This includes his posts on X and a speech he gave.

It is not yet clear what the long-term consequences of the Supreme Court's opinion will be for lower courts.

What kinds of acts could an American president commit with impunity today?

The opinion by the three dissenting justices lists nightmare scenarios in which presidents could abuse their immunity, such as staging a military coup to maintain power or ordering the assassination of a political rival.

In every exercise of official power, the president is now a king above the law, Justice Sotomayor wrote in her dissenting opinion.

This new immunity for official acts is now a loaded weapon that allows any president to put his own interests above those of the nation. Sonia Sotomayor's dissent is one of the most virulent and chilling in the history of the Supreme Court. pic.twitter.com/64dCXJaJvy

Nick Bryant (@NickBryantNY) July 1, 2024

Could Trump have his convictions overturned or other cases against him dropped?

With this decision, Trump could implement his legal strategy, which is to delay the trial until after the election. A trial before the election is now very unlikely.

If Trump wins the election, he could potentially order a pardon for himself or seek to have the case and others against him dismissed by appointing an attorney general who favors him.

Trump's legal team has already asked to overturn his conviction in a New York court on 34 counts of falsifying business records related to a payment to adult film star Stormy Daniels. The defense team has also asked that his sentencing hearing, originally scheduled for July 11, be postponed.

Trump's lawyers say some of the evidence used in the case, such as public statements Trump made, is now excluded by the Supreme Court's immunity ruling and therefore should not have been used at trial.

It remains to be seen whether Trump's legal arguments will succeed.

How has the reaction been to the Supreme Court’s immunity ruling? Donald Trump celebrated the decision in a post on Truth Social. Shortly after the decision, he wrote: HUGE WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN! Joe Biden blasted the decision in a video message from the White House on Monday, saying: No one is above the law. Not even the President of the United States. But with today’s Supreme Court ruling on presidential immunity, that has fundamentally changed. He warned that the decision sets a dangerous precedent because the power of the office will no longer be limited by law, including the Supreme Court of the United States. The only limits will be self-imposed by the president alone. Hillary Clinton, the 2016 Democratic presidential nominee, posted on X referring to the justices who agreed as the MAGA wing of the Supreme Court.

I agree with Justice Sotomayor on the Supreme Court's MAGA wing immunity decision:

Out of fear for our democracy, I disagree.

It will be up to the American people to hold Donald Trump to account in November.

Hillary Clinton (@HillaryClinton) July 1, 2024

Mike Johnson, the Republican speaker of the House of Representatives, hailed the decision in a Monday X-rated post, saying, “Today’s decision by the Court is a victory for former President Trump and all future presidents, and another defeat for President Biden’s militarized Justice Department and for Jack Smith.” He was referring to what some Republicans have called Democrats using the judicial system against Trump in an act of legal warfare.

Today's decision by the Court is a victory for former President Trump and all future presidents, and another defeat for the Justice Department weaponized by President Biden and Jack Smith.

The Court has made it clear that presidents are entitled to immunity for their official acts.

Mike Johnson, Speaker of the House of Representatives (@SpeakerJohnson), July 1, 2024

Senate Democratic leader Chuck Schumer posted several messages on X condemning the decision, calling the court the MAGA SCOTUS, a reference to Trump’s Make America Great Again (MAGA) campaign. Treason or incitement of insurrection should not be considered a core constitutional power granted to a president, he wrote. He also shared an excerpt from the justices’ dissent.

This shameful decision by the MAGA SCOTUS, composed of three judges appointed by Trump himself, allows the former president to weaken our democracy by breaking the law.

This undermines the credibility of the Supreme Court and suggests that political influence trumps everything in our courts today. https://t.co/wCNI42U5Ki

Chuck Schumer (@SenSchumer) July 1, 2024

Protests also took place outside the Supreme Court on Monday by Americans opposed to the decision. Gary Roush of College Park, Maryland, protests outside the Supreme Court on Monday, July 1, 2024, in Washington. [Mariam Zuhaib/AP]

An article published by the American website The New Republic indicates that the judges want to take us back to the absolutism of the 17th century, a reference to the reign of the English kings which was finally overthrown during the American War of Independence.

Sources 1/ https://Google.com/ 2/ https://www.aljazeera.com/news/2024/7/2/what-does-trumps-supreme-court-immunity-decision-mean The mention sources can contact us to remove/changing this article

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