Trump has presidential immunity for official acts but not for unofficial acts, rules US Supreme Court

The US Supreme Court has ruled that former US President Donald Trump is immune from prosecution for his official acts but not for unofficial acts.

The ruling comes in the case of violence on January 6, 2021 when a mob egged on by Trump attacked the US Capitol to overturn the 2020 presidential election result. Trump had argued that he could not be prosecuted in the case as he had presidential immunity.

Now, the Supreme Court has ruled that while Trump —and any other president— has immunity, it’s not a blanket immunity. The ruling said the immunity covers only official acts and not anything outside of presidential duties or any act in private capacity.

More from World

Nepal's new PM pays homage to people died during the Gen Z protest in her first national address This Week in Explainers: How recovering from Gen-Z protests is a Himalayan task for Nepal

“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,” said the Supreme Court’s majority 6-3 judgement.

BREAKING: Donald Trump is immune from criminal charges for official actions but NOT unofficial acts.

Details TK. https://t.co/oZDsjZFJmJ pic.twitter.com/ZW3NEdm8Hk

— Kyle Cheney (@kyledcheney) July 1, 2024

Impact Shorts

More Shorts

‘The cries of this widow will echo’: In first public remarks, Erika Kirk warns Charlie’s killers they’ve ‘unleashed a fire’

Trump urges Nato to back sanctions on Russia, calls for 50–100% tariffs on China

The January 6 case against Trump is now set to return to lower courts which will determine whether the specific accusations against him are part of his official acts —and hence covered under immunity— or not and open to prosecution.

The beginning of the trial of Trump in the January 6 case —and possibly other cases— against him is set to be further delayed as it needs to be determined now whether the acts concerning the cases are covered by the immunity or not. The burden of proof will now be to not just prove the charges but to also prove that the charges for the concerned actions are excluded from the immunity.

Charlie Savage of The New York Times has noted that the accusation against Trump that he pressurised his Vice President Mike Pence to illegally overturn the 2020 presidential election result by rigging the certification process on Jan. 6, 2021 could not be covered by the presidential immunity. But it will come down to the minute details of the conversation and the exact words and demands made.

“Chief Justice Roberts’ analysis suggests that Trump talking to Pence about the Electoral College vote might not be entitled to immunity because Congress has legislated extensively to define the vice president’s role, and the president plays no direct part in that process. Chief Justice Roberts suggests that another context — a president talking to a vice president about casting a tie-breaking 51st vote in the Senate on legislation that is part of the White House’s agenda — is more likely to be immune,” noted Savage.

Reactions to the Supreme Court’s ruling have been swift. While Trump has described it as a big win, the Joe Biden campaign has said that it does not change the facts of what happened on Jan. 6, 2021.

“BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!” posted Trump on his social media platform Truth Social.

On its part, the Biden campaign said the fact remains that Trump encouraged a mob to attack the Capitol and that he thinks he is above the law.

“Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election. Trump is already running for president as a convicted felon for the very same reason he sat idly by while the mob violently attacked the Capitol: he thinks he’s above the law and is willing to do anything to gain and hold onto power for himself,” read a statement from the Biden campaign, as per CNN.