Supreme Court Recognizes Immunity Privilege for Some Official Acts During Tenure
NYT "Low Likelihood of Trial Before November Election"
Trump Welcomes "Great Victory"
The U.S. Supreme Court has recognized partial immunity for former President Donald Trump's alleged 'attempt to overturn the election results.' This has led to forecasts that it will be virtually impossible for Trump's criminal trial related to this matter to take place before the upcoming November election.
On the 1st (local time), the U.S. Supreme Court ruled that some official acts taken by a former president while in office are protected from prosecution.
The Supreme Court held that presidential immunity does not apply to unofficial acts but is 'absolute' for official acts.
Chief Justice John Roberts stated, "The president is not above the law," but also said, "Congress cannot criminalize the president's official acts performed in carrying out executive responsibilities based on the Constitution."
Previously, former President Trump was accused of inciting supporters to riot at the Capitol on January 6, 2021, in an attempt to overturn his election defeat. Special Counsel Jack Smith of the U.S. Department of Justice indicted Trump on charges of overturning the election results, and Trump had claimed immunity. However, both the trial court and the appellate court rejected the immunity claim, leading the case to be taken up by the Supreme Court.
On this day, the Supreme Court, by a 6-3 majority, sent the case back to the lower courts. The U.S. Court of Appeals for the D.C. Circuit had been seen as too categorical in rejecting Trump's claim of immunity. However, the determination of which acts qualify as official acts protected by immunity was left to the lower courts. Among the six justices who recognized Trump's immunity were all three justices appointed during the Trump administration.
Immediately after the ruling, former President Trump posted on his social media platform, Truth Social, which he created, calling it a "BIG WIN for the U.S. Constitution and democracy" and wrote, "Proud to be an American!"
This Supreme Court ruling has led to forecasts that it will be impossible for Trump's criminal trial related to this case to begin before the U.S. election on November 5.
The New York Times (NYT) stated, "This ruling helped Trump's strategy to delay prosecution until after the November election," and added, "The possibility of a trial before the election is becoming increasingly remote, and if Trump wins the election, he could even order the Department of Justice to drop the charges."
With this, former President Trump, following his decisive victory over President Joe Biden in the first televised presidential debate held on the 27th of last month, has also partially alleviated his 'judicial risks,' signaling a green light on his path to the election.
Meanwhile, former President Trump is currently criminally indicted in four cases. Except for the 'sexual misconduct hush money' case, for which he was found guilty in May, the other three cases have not yet proceeded to criminal trials.
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