Biden criticizes US Supreme Court decision granting Trump immunity • Nebraska Examiner

The U.S. Supreme Court's decision Monday granting presumption of criminal immunity for official actions taken by a president has fundamentally changed American democracy, President Joe Biden said from the White House Monday night.

Speaking for less than five minutes, Biden said the 6-3 decision contradicted the spirit of the country's founding, which is to be celebrated nationwide this week on July 4, that no one is above the law.

“This nation was founded on the principle that there are no kings in America,” Biden said. “Every one of us is equal before the law. No one is above the law, not even the president of the United States.”

The immunity decision, written by Chief Justice John Roberts for the court's conservative majority, undermined that principle, Biden said.

Biden added that the decision would almost certainly mean a jury would not decide the criminal case accusing former President Donald Trump of conspiring to illegally overturn his 2020 defeat before the November election, which Biden called a disservice to the American people.

Roberts' Opinion

The decision tasked a lower federal court with determining which actions President Trump took to try to overturn the 2020 presidential election were official acts of the president. Those actions benefit from the presumption of immunity, Roberts wrote.

The decision protected the power of an office that itself constitutes an entire branch of government, Roberts said, and was consistent with the Constitution's framers' view that the president has broad powers and responsibilities.

Recognizing this reality and ensuring that the president can exercise these powers forcefully, as the framers of the Constitution intended, does not place him above the law, Roberts wrote. It preserves the fundamental structure of the Constitution.

But Biden called the move a dangerous precedent that would give presidents nearly unlimited power.

The president's power will no longer be limited by law, or even by the U.S. Supreme Court, he added. The only limits will be those that the president imposes on himself.

Biden cited the example of George Washington, who he said curbed the power of the presidency, and pledged to continue to respect the limits of presidential powers.

But, he added, the decision gives future presidents, including perhaps Trump, the power to ignore the law.

January 6 attack

Biden has said Trump was responsible for the Jan. 6, 2021, attack on the U.S. Capitol that disrupted the certification of Biden's loss to Trump in the 2020 election. Trump's efforts to undermine the election results, which culminated in the Jan. 6 attack, are the subject of the federal indictment, which the former president has contested on the grounds of presidential immunity.

Four years ago, my predecessor sent a violent mob to the United States Capitol to prevent the peaceful transfer of power, Biden said. We all saw it with our own eyes. We saw what happened that day. I think it’s fair to say it was one of the darkest days in American history. Today, the man who sent that mob to the United States Capitol faces criminal conviction.

Biden, whose re-election campaign was still reeling Monday from a debate performance against Trump last week that even Democrats described as lackluster, called on voters to do what the court should have been prepared to do but failed to do, and reject Trump, the presumptive Republican presidential nominee, at the ballot box.

The president supported Justice Sonia Sotomayor's vigorous dissent in the case, citing her statement that the majority opinion stoked fear for our democracy and urging voters to dissent as well.

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