Former presidents do not have immunity for unofficial acts, ruling says. Lower courts will apply the standard to Trump.
Sotomayor, who read a summary of her dissent aloud in the courtroom, said the protection afforded presidents by the court “is just as bad as it sounds, and it is baseless.” In May, Trump became the first former president to be convicted of a felony, in a New York court. He was found guilty of falsifying business records to cover up a hush money payment made during the 2016 presidential election to a porn actor who says she had sex with him, which he denies. He still faces three other indictments.Smith is leading the two federal probes of the former president, both of which have led to criminal charges.
The Supreme Court that heard the case included three justices appointed by Trump — Amy Coney Barrett, Neil Gorsuch and Brett Kavanaugh — and two justices who opted not to step aside after questions were raised about their impartiality.Justice Clarence Thomas’ wife, Ginni, attended the rally near the White House where Trump spoke on Jan. 6, 2021, though she did not go the Capitol when a mob of Trump supporters attacked it soon after.
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