Supreme Court Rules Trump Has 'Absolute Immunity' for 'Official Acts' in Election Interference Case
July 1 2024, Published 11:54 a.m. ET
The United States Supreme Court ruled in a 6-3 vote on Monday that former president Donald Trump has "absolute immunity" from criminal prosecution for "official acts" during his tenure in office, RadarOnline.com has learned.
"The President enjoys no immunity for his unofficial acts, and not everything the President does is official," Chief Justice John Roberts wrote in the conservative majority's opinion. "The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution."
"The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party."
While Reuters reports that the Supreme Court left it up to lower courts to decide what constitutes "official" or "unofficial" acts, Monday's ruling vacates an earlier decision by a DC federal judge rejecting Trump's claims of absolute immunity and further delays a trial in the federal election interference case against him.
In her written dissent, Justice Sonia Sotomayor argued that the ruling by the majority, which includes three justices appointed by Trump, "makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law."
"Relying on little more than its own misguided wisdom about the need for 'bold and unhesitating action' by the President, the court gives former President Trump all the immunity he asked for and more," she added. "Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent."
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Trump faces four felony counts brought by special counsel Jack Smith, including conspiracy to defraud the United States and obstruction of an official proceeding, for his attempts to overturn the results of the 2020 election in which he lost to President Joe Biden.
Lawyers for Trump have repeatedly argued that the embattled ex-president is protected from prosecution for any acts undertaken while in office and fought to delay the trial until after the election in November.
Just last Friday, the Supreme Court ruled 6-3 to narrow the scope of obstruction charges against defendants accused of participating in the January 6 capitol riots, which could also aid Trump's legal defense.