Former US President Donald Trump has described the US Supreme Court’s decision over his immunity claim as a “big win for democracy”, while his opponents say that the ruling meant he “thinks he’s above the law.”
“Big win for our constitution and democracy,” Trump posted on Truth Social. “Proud to be an American!”
Trump had been charged with conspiracy to defraud the US, conspiring against the right of Americans to vote, and corruptly obstructing an official proceeding and conspiring to do so – charges his opponents say amount to attempts to deny the results of the 2020 election. He has pleaded not guilty to all charges.
Today, in a historic 6-3 ruling, the US Supreme Court said for the first time that former presidents have absolute immunity from prosecution for their official acts – but no immunity for non-official acts.
“Trump, the court held, has total immunity for official acts as president related to his core constitutional duties. That includes the communications he had with Department of Justice officials about allegations of election fraud. And so, that portion of the indictment against Trump is effectively dead,” BBC reported.
The Supreme Court sent the decision regarding what acts can be prosecuted and what cannot back to a lower court, but it is unlikely those decisions would be made before the Presidential election in November.
The court ruling likely means that Trump’s actions that are key to the prosecution case, such as contacts with Vice President Mike Pence and comments on January 6th, will be held to be official actions and covered by immunity. The chief justice of the Court said in the majority opinion that “testimony or private records of the president or his advisers” are not admissible in court.
“Now I am free to campaign like anyone else,” Trump told Fox News Digital after the release of the landmark opinion written by the Court’s Chief Justice John Roberts.
But the Biden campaign was critical of the ruling, saying in a statement: “[Trump] thinks he’s above the law and is willing to do anything to gain and hold onto power for himself.”
Dissenting from the majority opinion, three of the SCOTUS justices warned against granting absolute immunity.
“In every use of official power, the president is now a king above the law,” Justice Sonia Sotomayor warned in her dissenting opinion. “With fear for our democracy,” she concluded, “I dissent.”
However, Republicans celebrated the ruling, saying it was a victory not just for Tump but for “all future presidents”.
“Today’s ruling by the Court is a victory for former President Trump and all future presidents, and another defeat for President Biden’s weaponized Department of Justice and Jack Smith,” Speaker Mike Johnson (R-La.)
House Majority Leader Steve Scalise (R-La.) said: “While it’s becoming increasingly clear Democrats believe their only path to victory in November is through prosecuting their political opponent, today’s decision makes it clear this is not allowed in our constitutional system.”