FILE – Members of the Supreme Court sit for a group portrait in Washington, Oct. 7, 2022. Bottom row, from left, Justice Sonia Sotomayor, Justice Clarence Thomas, Chief Justice John Roberts, Justice Samuel Alito and Justice Elena Kagan. Top row, from left, Justice Amy Coney Barrett, Justice Neil Gorsuch, Justice Brett Kavanaugh, and Justice Ketanji Brown Jackson.
The justices, for instance, wiped out Smith’s use of allegations that Trump sought to leverage the investigative power of the Justice Department by ordering investigations into claims of voter fraud. It does not matter, the justices said, if the requested investigations were based on sham allegations or based on an improper purpose. At the end of the day, the court said, “the President cannot be prosecuted for conduct within his exclusive constitutional authority.
The Trump team had argued that the selection of alternate electors was in keeping with Trump’s presidential interest in the integrity and administration of the federal elections and cited as precedent an episode from 1876 in which President Ulysses Grant sent federal troops to Louisiana and Mississippi to ensure that Republican electors got certified in those two cases.
Unlike Trump’s interactions with the Justice Department, the justices said, “this alleged conduct cannot be neatly categorized as falling within a particular Presidential function. The necessary analysis is instead fact specific, requiring assessment of numerous alleged interactions with a wide variety of state officials and private persons.”The ruling makes it nearly impossible that a trial could be held before voters decide whether to send Trump back to the White House.
The dissenting justices said the majority decision makes presidents immune from prosecution for acts such as ordering Navy seals to assassinate a political rival, organizing a military coup to hold onto power or accepting a bribe in exchange for a pardon. “Stated simply: The Court has now declared for the first time in history that the most powerful official in the United States can become a law unto himself,” Jackson wrote.Trump was convicted in May of 34 felony counts in his hush money trial in New York and is scheduled to be sentenced on July 11. Each count of falsifying business records is punishable by up to four years behind bars, but there’s no guarantee Trump will get prison time. Other possibilities include fines or probation.
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