In a split decision, the U.S. Supreme Court ruled Monday that former U.S. presidents are immune from criminal prosecution for actions taken within their constitutional purview, thus clearing a path for Donald Trump to challenge a federal indictment accusing him of conspiring to sabotage the 2020 elections.
The court held:
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. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.
Chief Justice John Roberts wrote for the majority that a former president has absolute immunity from criminal prosecution for actions within the scope of his official duties but not for unofficial acts. The justices were split along partisan lines, with all six justices who were appointed by Republican presidents siding with the majority, and all three justices appointed by Democratic presidents dissenting. The case has been remanded to a lower federal court for further proceedings.
The case, US v. Trump, centers on the former president’s alleged conduct on and leading up to Jan. 6, 2021, when supporters of then-President Donald Trump gathered outside the U.S. Capitol as Congress met to certify Joe Biden’s victory in the 2020 presidential election. As tensions escalated, some protesters breached the Capitol, resulting in property damage, clashes with law enforcement, and a significant delay in the certification process.
In August 2023, Trump was indicted on four counts related to the 2020 elections and the events leading up to Jan. 6. He was accused of having conspired to overturn the results of the election by pressuring electoral officials in swing states, and federal officials, and exploiting those of his supporters who had gathered in Washington, D.C., on Jan. 6 by redoubling efforts to levy false claims of election fraud and convince Members of Congress to further delay the certification.
Trump pleaded not guilty and sought to dismiss the charges on grounds of presidential immunity. He asked the Supreme Court to determine whether the doctrine of absolute presidential immunity shields a former president from criminal prosecution for acts performed on the “outer perimeter” of their official duties.
Monday’s ruling was highly anticipated given the political stakes ahead of the upcoming presidential election. The November 2024 vote will be significant as it marks the first rematch between presidential candidates since 1956 and features the oldest major party frontrunners in U.S. history. This added complexity to the already charged political climate.
Most pertinent to the Supreme Court’s latest ruling: If elected, Trump may become the first convicted felon to serve as U.S. president. His recent conviction by a New York jury on 34 counts of falsifying records in a hush money case is one of several ongoing criminal cases against him.
This is a developing story.
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