Supreme Court rules ex-presidents have broad immunity, dimming chance of a pre-election Trump trial

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Supreme Court,High Court,Presidential Immunity

In a historic 6-3 ruling, the justices said for the first time that former presidents have absolute immunity from prosecution for their official acts and no immunity for unofficial acts.

on Monday ruled for the first time that former presidents have broad immunity from prosecution, extending the delay in the Washington criminal case against Donald Trump on charges he, the court’s conservative majority, including the three justices appointed by Trump, narrowed the case against him and returned it to the trial court to determine what is left of special counsel Jack Smith’s indictment.

The chief justice insisted that the president “is not above the law.” But in a fiery dissent for the court’s three liberals, Justice Sonia Sotomayor wrote, “In every use of official power, the President is now a king above the law.” Trump posted in all capital letters on his social media network shortly after the decision was released: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”Senate Majority Leader Chuck Schumer denounced the ruling as “a disgraceful decision,” made with the help of the three justices that Trump appointed.

The court directed a fact-finding analysis on one of the more striking allegations in the indictment -- that Trump participated in a scheme to enlist fake electors in battleground states won by Biden who would falsely assert that Trump had won. Both sides had dramatically different interpretations as to whether that effort could be construed as official, and the conservative justices said determining which side is correct would require additional analysis at the trial court level.

Lauren Windsor, a liberal documentary filmmaker, taped Martha Alito and, separately, her husband Supreme Court Justice Samuel Alito.

 

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