Trump says Supreme Court ruling on immunity case is a ‘win for democracy’

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The move all but ends prospects the former US president could be tried before the country’s November election.

The US Supreme Court on Monday extended the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss, all but ending prospects the former president could be tried before the November election.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.

The Supreme Court directed US district judge Tanya Chutkan to assess whether core aspects of the indictment are official acts and therefore shielded from immunity or are not official acts and therefore potentially subject to prosecution. In her dissent, Ms Sotomayor wrote: “Today’s decision to grant former presidents criminal immunity reshapes the institution of the presidency. It makes a mockery of the principle, foundational to our constitution and system of government, that no man is above the law.”The Republican former president has denied doing anything wrong and has said this prosecution and three others are politically motivated to try to keep him from returning to the White House.

If Mr Trump’s Washington trial does not take place before the 2024 election and he is not given another four years in the White House, he presumably would stand trial soon thereafter. Following the 2020 election, she called it a “heist” and exchanged messages with then-White House chief of staff Mark Meadows, urging him to stand firm with Mr Trump as he falsely claimed that there was widespread election fraud.Justice Samuel Alito said there was no reason for him to step aside from the cases following reports by The New York Times that flags similar to those carried by the January 6 rioters flew above his homes in Virginia and on the New Jersey shore.

“For the purpose of this criminal case, former president Trump has become citizen Trump, with all of the defences of any other criminal defendant,” the appeals court wrote in February. “But any executive immunity that may have protected him while he served as president no longer protects him against this prosecution.”

“In dividing official from unofficial conduct, courts may not inquire into the president’s motives,” Chief Justice John Roberts wrote. “Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.” Justice Clarence Thomas issued a separate concurrence saying that he believed Jack Smith’s appointment as special counsel was illegitimate and that the case therefore violates “our constitutional structure”.

 

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