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US Supreme Court Recognizes Trump’s Immunity in 'Overturning Election Results' Case... Positive Signal for Presidential Race (Comprehensive)

Supreme Court Recognizes Immunity Privilege for Some Official Acts During Tenure
NYT: "Low Chance of Trial Before November Election"
Trump Welcomes "Great Victory"

The U.S. Supreme Court has recognized partial immunity for former President Donald Trump's charges related to 'overturning the election results.' This ruling has led to forecasts that it will be practically difficult for Trump's criminal trial on this matter to take place before the November election. Following his decisive victory in last week's presidential debate against President Joe Biden, analyses suggest that Trump has cleared some of his judicial risks, signaling a green light for his presidential campaign.


US Supreme Court Recognizes Trump’s Immunity in 'Overturning Election Results' Case... Positive Signal for Presidential Race (Comprehensive) [Image source=Yonhap News]

On the 1st (local time), the U.S. Supreme Court ruled that some official acts taken by a former president during their term are protected from prosecution.


The Supreme Court stated that presidential immunity is not recognized for unofficial acts but is 'absolute' for official acts.


Chief Justice John Roberts said, "The president is not above the law," but added, "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 attempting to overturn 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 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, the second instance court, was seen as having dismissed Trump's immunity claim too categorically. The Supreme Court ruled that absolute immunity applies to four charges related to discussions with DOJ officials after the election. However, whether immunity applies to charges involving pressuring then-Vice President Mike Pence to reject certification of the election results, the role in forming false pro-Trump electors, and actions related to the January 6 riot was left to the lower courts to decide.


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!"


In response, President Biden's campaign issued a statement saying, "Nothing has changed with today's ruling," and criticized, "Donald Trump incited a mob to overturn a free and fair election after losing the 2020 election."


This Supreme Court ruling has led to predictions 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 Supreme Court will enter summer recess from the 2nd and resume in the first week of October. Even if the lower courts issue rulings, if Trump appeals, the Supreme Court's final decision is expected only after the election.


The New York Times (NYT) commented, "This ruling aids Trump's strategy to delay prosecution until after the November election," and forecasted, "The possibility of a trial before the election is becoming increasingly remote, and if Trump wins the election, he could even order the DOJ to drop the charges."


Thus, former President Trump is assessed to have partially resolved the judicial risks that had been holding him back. Following the first presidential debate on the 27th of last month, where his opponent President Joe Biden suffered a crushing defeat and faced calls to resign, analyses suggest a green light has been lit for Trump's presidential campaign.


Meanwhile, Trump is currently criminally indicted in four cases. Except for the 'hush money sexual misconduct' case, which resulted in a guilty verdict in May, the other three cases have not yet proceeded to criminal trials.


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