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FRIDAY, JUNE 06, 2025
Takeaways from US Supreme Court ruling on Trump immunity

USA

TBS Report
02 July, 2024, 08:50 am
Last modified: 02 July, 2024, 09:11 am

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Takeaways from US Supreme Court ruling on Trump immunity

TBS Report
02 July, 2024, 08:50 am
Last modified: 02 July, 2024, 09:11 am
Photo: AFP
Photo: AFP

The US Supreme Court's ruling on Monday that Donald Trump cannot be prosecuted for his official acts as president plunges a major criminal case against him into doubt and all but assures he will not face trial before the 5 November election.

Here are some takeaways from the decision:

Presidents have some immunity 

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In a 6-3 ruling split down ideological lines with the conservatives in the majority and the liberals dissenting, the Supreme Court decided that former presidents have full immunity from prosecution for actions that were within their constitutional powers as president, but not for private acts, reports Reuters.

The trial judge, US District Judge Tanya Chutkan, must now determine, whether certain actions cited in the indictment were official or not, a process that could take months.

The ruling threw out a judicial decision rejecting Trump's claim of immunity from federal criminal charges involving his efforts to overturn his 2020 election loss to Joe Biden.

The court appeared to define official actions broadly, saying presidents cannot carry out their duties effectively with the threat of potential prosecution hanging over every decision. A former president has "at least a presumptive immunity" for "acts within the outer perimeter of his official responsibility," the court wrote.

The court's three liberals dissented, saying the ruling gives presidents free rein to break the law if their actions can be cloaked as official duties.

What it means for Trump and Biden

The decision means that a trial in the case will almost certainly be pushed back until after the November election — and, should Trump win, the Justice Department is almost certain to drop the case, according to people close to Trump.

For President Joseph R Biden Jr, who is seeking a second term, the ruling was not the outcome that would have been most beneficial in his efforts to describe Trump as dangerous; that would have been an affirmation of the indictment, reports New York Times.

Biden's team immediately highlighted the ruling as evidence of the existential threat that the incumbent president has said his predecessor and possible successor poses to the country. 

Under the ruling, its appears that a chunk of the special counsel's case will be thrown out. That includes anything arising from Trump's discussion with US Justice Department officials about investigating potential voter fraud, which the ruling declared were official actions for which he cannot be prosecuted. Trump has made false claims of widespread voting fraud in the 2020 election.

Prosecutors face fresh hurdles 

The ruling is a major blow for prosecutors, who now face the burden of proving that Trump's actions were not official acts. Doing so may take months of evidentiary hearings and court rulings that could further narrow the case.

The decision also limits the evidence prosecutors can use to charge Trump for actions that were clearly not official. Under the ruling, any evidence related to official actions for which Trump is immune cannot be used as evidence of another crime.

Liberal justices fear for thier democracy

The court's three liberal justices said the ruling gives presidents permission to use their official powers to break the law for any purpose.

In a written dissent, Justice Sonia Sotomayor said that under the interpretation presented in the ruling, a president could not be prosecuted for organizing a military coup, taking bribes or even ordering the assassination of a political rival.

"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. ... With fear for our democracy, I dissent," Sotomayor said.

Top News / World+Biz

Biden / Trump / ruling

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