Trump Wins Partial Victory at U.S. Supreme Court
Are former presidents protected from prosecution while in office? The Supreme Court has an answer—and Trump should like it.
According to the Supreme Court, former presidents are also entitled to immunity, but only with respect to official acts.
AP
Donald Trump won a major partial victory in the US Supreme Court. On the question of whether former presidents are protected from prosecution, the court in Washington ruled that immunity applies to at least official acts. The judges returned the case to the court of first instance and ordered the competent court to determine how to apply the decision to Trump’s case. This means that the potential start of Trump's trial on charges of attempting to rig the elections in Washington, DC, is likely to be delayed further. It is unlikely that the process will begin before the presidential elections next November.
“The president does not enjoy immunity because of his unofficial actions, and not everything the president does is official. “The president is not above the law,” the decision stated. This makes it unclear which parts of the indictment against Trump remain in Washington. The Supreme Court did not decide this question. It is now up to the relevant lower court to determine which procedures Trump's immunity applies to. This is likely to be a long process.
The ruling was by a vote of six to three. A majority of the justices, who were considered very conservative, agreed in principle with the decision. The three justices, who were considered liberal, dissented.
Anti-Trump activists demonstrate outside the Supreme Court in Washington, D.C., June 2024.
Environmental Protection Agency
Trump accused of storming Capitol
Trump, who is running for the Republican Party in the presidential elections scheduled for November, was charged in the US capital in connection with attempting to rig the election. Trump supporters storm the Parliament building in Washington on January 6, 2021. Before storming the Capitol building, Trump tried at various levels to overturn the outcome of the 2020 presidential election and reverse his defeat at the time against Democrat Joe Biden. He was accused of this in Washington, DC – and there is also a case against Trump in the US state of Georgia on charges of attempting to tamper with the election.
Trump and his lawyers wanted the charges dropped in Washington. They pointed to Trump’s immunity from prosecution in his office as president at the time. They said Trump could not legally be prosecuted for actions that were part of his duties as president. They had already failed with that argument in the U.S. Circuit Court of Appeals in D.C. The judge in charge of the case had previously rejected the argument. Trump’s lawyers appealed, which is why the case ended up in the Supreme Court.
Historical judgment
The Supreme Court, which has moved far to the right under Trump due to the many alternatives, has now taken a stand on how great the power of the US president is and where the limits of the rule of law lie. The Constitution does not explicitly grant immunity to presidents, even while in office. However, the Justice Department has traditionally held that presidents cannot be indicted, at least while in office. The ruling on legal recourse for former presidents will also have great significance for future presidents and could be considered truly historic.
At a hearing before the Supreme Court at the end of April, the justices heard arguments from Trump's lawyers and the opposing side for nearly three hours. “This case has enormous implications for the presidency, for the future of the presidency, and for the future of the country,” conservative Justice Brett Kavanaugh said. Some judges noted in their questions that although they did not support complete immunity, certain actions should be protected from prosecution.
There are several ongoing cases against Trump.
Several criminal proceedings are now underway against Trump in the middle of the election campaign. Trump is also accused of trying to rig elections in the US state of Georgia. In Florida, he was accused of illegally storing secret documents.
In New York, the Republican was convicted at the end of May of illegally registering sums of money for a pornographic actress. Sentencing is scheduled for mid-July. Trump announced an appeal of the ruling.
The Republican insists on his innocence in all proceedings and portrays the investigations against him as an attempt by his political opponents to marginalize him. So far, the criminal investigation has not affected Trump in the polls.
The Supreme Court ruling is also likely to have an impact on Georgia's statewide election fraud and secret document procedures — but to what extent will only become clear in the coming weeks.
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