Supreme Court Hands Donald Trump Ultimate Power in Immunity Ruling
The Supreme Court ruled Monday that Donald Trump cannot be held accountable for some of the actions he took to overturn the 2020 election results.
The case, Trump v. United States, sprang out of Trump’s federal election interference trial as a preemptive defense, arguing that Trump could not be tried on conspiracy and obstruction charges due to presidential immunity privileges that he held during office—but few expected Monday’s outcome.
In a 6-3 ruling along ideological lines, the court ruled that some of the actions Trump was indicted for could be categorized as official acts during his presidency.
“Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” read the opinion’s syllabus. “There is no immunity for unofficial acts.”
Writing the majority opinion, Chief Justice John Roberts outlined that the president is not immune from criminal prosecution—except on some occasions.
“The President is not above the law,” Roberts wrote. “But under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts.”
In a dissenting opinion, Justice Sonia Sotomayor feared for the future of a country that legally permits the executive branch authority to commit crimes under the cloak of the office, arguing that the court’s decision made a “mockery” of the Constitutional principle that “no man is above the law,” and that its “own misguided wisdom” gave Trump “all the immunity he asked for and more.”
“Never in the history of our Republic has a President had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law,” Sotomayor wrote. “Moving forward, however, all former Presidents will be cloaked in such immunity. If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop. With fear for our democracy, I dissent.”
The decision from the conservative majority overturned a federal appeals court ruling that had unanimously rejected all three of Trump’s presidential immunity arguments in his January 6 case, “patiently, painstakingly, and unsparingly” dismantling his arguments in an “airtight” opinion, according to George Conway, a conservative attorney and ex-husband of former Trump advisor Kellyanne Conway.
“This opinion is so good, and so clear, so comprehensive, there’s nothing in it that could be possibly attacked. I don’t see how even the Supreme Court could write—I don’t see how any judge, any court, anywhere, including the Supreme Court, could write a better opinion that more accurately states what the law is and should be,” Conway told CNN in February before the Supreme Court opted to hear the case.
Monday’s decision effectively kills the January 6 trial, which would have been overseen by U.S. District Judge Tanya Chutkan.
This story has been updated.