By a decision of six in favor and three against on July 1, the U.S. Supreme Court decided that former President Donald Trump is immune from official action but not from personal action.
On behalf of the judges, Supreme Court Chief Justice John Roberts announced the decision. Roberts stated, “We conclude that under the separation of powers established by the Constitution, former presidents should enjoy immunity from prosecution for official acts during their term in office,” noting that not all acts taken while in office qualify as “official duties.”
A lower court was assigned to take up Trump’s case for additional review. According to Chief Justice Roberts, the lower court of first instance will assess whether former President Trump’s activities in trying to rig the 2020 election were taken in an official or private capacity.
After special counsel Jack Smith’s investigation, Trump was charged in August 2023 in a federal court in Washington, D.C., with trying to rig the 2020 presidential election results, which sparked the Capitol Hill riot in January 2021.
The decision from the Supreme Court complicates the case, prolongs the resolution procedure, and postpones the commencement of the trial. Should he win reelection, Trump might request that the newly appointed attorney general drop all federal charges against him or use his presidential authority to pardon himself.
The Supreme Court’s decision was applauded by the former president Trump, who described it as a “major victory for the constitution and democracy.” He said on Truth Social that he was “proud to be an American citizen.”
The campaign of President Joe Biden chastised Trump for believing he was “above the law”. “After losing the 2020 election and urging the mob to reject the results, Donald Trump is enraged. In an attempt to gain and hold onto power, he believes he is above the law, the Biden campaign stated in a statement.
There are nine justices on the United States Supreme Court. Under Republican presidents, six conservatives have been appointed; three of these appointments came under Trump. Democratic presidents nominated the other three liberals.