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SCOTUS sends Trump case back to lower court, giving former president limited immunity

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In the biggest test of the presidency's power since President Richard Nixon's resignation in 1974, the U.S. Supreme Court ruled on Monday that a president cannot be prosecuted for official actions taken while in office.

Lawyers for Trump argued that allegations he had illegally attempted to prevent Joe Biden from taking office in 2021 were acts taken as president and are subject to absolute immunity from criminal prosecution. His attorneys added that this argument would not apply to a president who was impeached and convicted for those acts. Trump was impeached by the House in 2021, but he was acquitted by the Senate.

Mueller, who investigated alleged Russian interference in the 2016 election and any associated ties to the Trump campaign, stated in his 2019 testimony that a sitting president could not be charged with a crime due to the long-standing Office of Legal Counsel guidance. The U.S. Constitution gives some guidance in Article 1, Section 3, Clause 7, which addresses the impeachment of federal officers.

 

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