Trump has immunity from prosecution for official actions. The Supreme Court rules in monumental decisions on presidential powers

The President of the United States shall enjoy immunity from prosecution for official acts committed during his term of office. The Supreme Court ruled in a monumental decision with enormous consequences for presidential powers and the criminal cases against Donald Trump.

The case revolved around special counsel Jack Smith’s prosecution of Trump for allegedly masterminding efforts to overturn the 2020 election while he was in office, including on January 6.

The ex-president’s team argued that Trump, and any other president, should be absolutely immune from prosecution for actions he took while in office, otherwise it could hamper important decision-making.

The 6-3 decision split along the court’s ideological lines ensures that Trump will not face another major trial before the November election, as the case is sent back to a lower court to determine what if his “official” versus “unofficial actions is considered.

“The president does not have immunity for his unofficial actions, and not everything the president does is official. The president is not above the law,” the justices, led by Chief Justice John Roberts, wrote in the majority.

Donald Trump is the first former president to be convicted of a crime. He is charged in three other criminal cases, including one involving attempts to overturn the 2020 meddling in Washington, DC.

“But under our system of separated powers, the president may not be prosecuted for exercising his core constitutional powers, and is entitled to at least presumptive immunity from prosecution for his official actions. That immunity applies equally to all occupants of the Oval Office.”

Trump celebrated the decision, writing on Truth Social: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AMERICAN!”

Roberts wrote in the op-ed that Trump is also “at least presumptively immune” to the allegations related to the “pressure campaign” on former Vice President Mike Pence regarding the certification of the 2020 election.

Moreover, Trump is “absolutely immune” from alleged misconduct during talks with the Justice Department.

The Supreme Court’s historic ruling could also impact the two other pending criminal prosecutions against Trump — over his alleged mishandling of classified documents and over his efforts to undermine the election in Georgia.

Roberts’ majority opinion continues: “At a minimum, the President should be immune from prosecution for an official act unless the government can show that applying a criminal prohibition to that act would not ‘risk an infringement of the authority and functions of the Executive Branch.'”

The Supreme Court currently has a conservative majority of six to three justices, three of whom were nominated by Trump during his time in office.

Biden’s campaign responded to the Supreme Court’s decision on immunity with a statement from a senior campaign adviser.

“Today’s ruling doesn’t change the facts, so let’s be very clear about what happened on January 6: Donald Trump flew into a rage after losing the 2020 election and encouraged a crowd to overturn the results of a free and undo a fair election.”

Lawyers representing the special counsel argued that a president can be charged for committing crimes while in office and that no government official enjoys absolute immunity.

The decision comes because Trump is facing criminal charges in three criminal cases and has already been found guilty Last month, 34 cases of corporate data falsification were identified in New York.

He is the first former president ever convicted of a crime.

During the oral arguments, in which some wild hypotheses were discussed, the justices appeared to reject granting absolute immunity to presidents. However, their questions suggested they could delay Trump’s trial as he is running for president for the third time.

Liberal judges were concerned that ruling presidents would have complete immunity, which would be nothing more than creating a king who could have the power to stage a military coup or assassinate political opponents.

Conservative justices indicated they wanted to provide at least some legal safeguards to protect Trump and future presidents from political prosecution.

On behalf of the special counsel, Michael Dreeben argued that there are a number of presidential acts that are not punishable because they relate to the “core powers” of the Constitution specifically mentioned in Article II, such as the power to grant pardons, make appointments, recognize foreign countries, and veto legislation.

Trump is accused of attempting to overturn the 2020 election, including the attack on the US Capitol on January 6, 2021

Conservative justices appeared to indicate that the fraud and conspiracy laws Trump charged in the Jan. 6 election interference case are too broad.

The Supreme Court case stems from Smith’s election interference lawsuit against Trump, which was filed in Washington, DC.

Trump is accused of attempting to overturn the 2020 election, including the attack on the US Capitol on January 6, 2021.

He is charged with four counts, including conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction or attempted obstruction of an official proceeding and conspiracy against rights.

It is probably the most serious of the four cases against the ex-president.

Special Counsel Jack Smith has charged former President Trump in connection with the January 6 attack on the US Capitol and efforts to overturn the 2020 election

District Judge Tanya Chutkan, who is overseeing the case, and the Court of Appeals for the DC Circuit both ruled that Trump is not immune from prosecution.

While the lower courts awaited the Supreme Court’s decision, Chutkan previously assured Trump that he would have two months to prepare for the trial before it would proceed.

The current United States Supreme Court has a six-to-three conservative majority

It appears the case could be heard in September at the earliest, when the 2024 campaign gets underway.

Trump is also facing charges in Florida over secret documents and in Georgia over election interference.