WASHINGTON — The U.S. Supreme Court has found Donald Trump enjoys complete immunity for clearly “official acts” he took while in office and at least “presumptive immunity” for other official acts as president. The decision, which was 6-3 along ideological lines, did not grant immunity for unofficial acts.
The opinion, written by Chief Justice John Roberts and agreed to by the other five conservative justices, finds that Trump has immunity for conduct involving officials solely within his own administration but not necessarily for actions involving state officials and people not in government.
“First, with respect to any criminal conduct relating to a President’s ‘core constitutional powers’ — those subjects ‘within his “conclusive and preclusive” constitutional authority’ — the President is entitled to absolute immunity from criminal prosecution,” the opinion says.
It found he has no immunity at all for actions that are not “official.”
It sent the case back to U.S. District Court Judge Tanya Chutkan to determine which actions alleged in the indictment constitute “official” actions for which he has immunity to make sure prosecutors cannot use evidence obtained regarding that conduct. The lower court is ordered to review, among other things, “whether a prosecution involving Trump’s alleged attempts to influence the Vice President’s oversight of the certification proceeding [on Jan. 6] would pose any dangers of intrusion on the authority and functions of the Executive Branch.”
The Supreme Court also sent one part of the case — Trump’s pressure on state-level officials and campaign aides to create fraudulent slates of Electoral College electors in states he had, in fact, lost — back to the Washington, D.C., appeals court to determine whether that conduct was “official.”
This decision makes it less likely a trial will happen before the presidential election.
“The president enjoys no immunity for his unofficial acts, and not everything the President does is official,” the opinion says. “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.”
In a fiery dissent, Justice Sonia Sotomayor said the majority opinion “makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.”
Trump seemingly reacted to the opinion in a post on Truth Social Monday, writing, “Big win for our Constitution and democracy.”
The ruling appears to give presidents broad powers to use — or abuse — presidential power, especially when dealing with other executive branch officials.
“Trump’s threatened removal of the Acting Attorney General likewise implicates ‘conclusive and preclusive’ Presidential authority. As we have explained, the President’s power to remove ‘executive officers of the United States whom he has appointed’ may not be regulated by Congress or reviewed by the courts,” Roberts wrote. “Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.”
But because Trump’s pressuring of then-Vice President Mike Pence was regarding his role as president of the Senate, prosecutors could possibly show that Trump’s actions regarding Pence are not immune — but would have to prove this in an evidentiary hearing.
“It is ultimately the Government’s burden to rebut the presumption of immunity. We therefore remand to the District Court to assess in the first instance, with appropriate input from the parties, whether a prosecution involving Trump’s alleged attempts to influence the Vice President’s oversight of the certification proceeding in his capacity as President of the Senate would pose any dangers of intrusion on the authority and functions of the Executive Branch,” Roberts wrote.
This is a developing story. Please check back for updates.