The US Supreme Court has ruled that former presidents are entitled to some degree of immunity from criminal prosecution, a major victory for Donald Trump that significantly impacts the 2020 election subversion case against him and eliminates any prospect of a trial before November.
The court’s conservative majority, which Trump helped create, found 6-3 that presidents are protected from prosecution for official actions that extend to the “outer perimeter” of their office, but can face charges for unofficial conduct. Trump is accused of overseeing a sprawling effort to subvert the 2020 election, including conspiring to obstruct the certification of election results, defraud the government, and disenfranchise voters.
To determine whether Trump’s alleged attempts to overturn the 2020 election were official acts, the Supreme Court remanded the case to the presiding US district judge, Tanya Chutkan, who will review the indictment line by line under a three-part test: core presidential functions (absolute immunity), official acts within the outer perimeter (presumptive immunity), or unofficial acts (no immunity). Chief Justice John Roberts preemptively determined that Trump’s interactions with justice department officials were official acts, his interactions with Vice-President Mike Pence were presumptively immune, and his remarks on January 6 were probably protected.
The ruling prohibits using any conduct determined to be official acts as evidence at trial, a damaging blow for prosecutors. The decision has ignited fierce criticism from liberals, who argue Trump’s case should be resolved before voters cast their ballots. Trump celebrated the ruling on Truth Social, calling it a “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY.”
