Under our constitutional structure of separation of powers, the nature of presidential power provides a former president with absolute immunity from criminal prosecution for acts within his constitutional authority. […]
wrote the court in a 6-3 decision, which illustrates the division between conservative and progressive judges.
[Un ancien président] is also entitled to at least presumptive immunity from prosecution for all of his official acts. There is no immunity for unofficial acts.
The Supreme Court refers the case to the court of Judge Tanya Chutkan, who will have to decide between the acts carried out by Donald Trump in the context of his functions, for which he will be protected by presidential immunity, from those relating to the private domain , for which he can be prosecuted.
This decision represents a victory for Donald Trump, since it has the effect of delaying the holding of his criminal trial in Washington.
The nation’s highest court is accepting arguments from Donald Trump’s lawyers, who said the lack of presidential immunity opened the door to partisan lawsuits after his term in office.
A president inclined to take a course of action based on the public interest might instead opt for another course of action, lest he face criminal sanctions when he leaves office
the court said, writing by Supreme Court President John Roberts.
In a dissenting opinion, the judge criticizes the six judges of the majority for rejecting the principle under which no one is above the law
.
The majority decision in this case treads dangerous ground. […] The majority has concocted something entirely different: a model of presidential accountability that creates immunity – an exemption from criminal prosecution – that applies only to the most powerful official in our government.
The case before the Supreme Court stemmed from an argument made by Donald Trump’s lawyers in the criminal trial brought against him by special prosecutor Jack Smith.
Indicted for his alleged efforts to overturn the 2020 presidential election results, which culminated in the storming of the Capitol by hundreds of his supporters (new window)the 78-year-old politician is the target of exceptionally serious accusations.
He faces four charges (new window)including conspiracy to defraud the United States and conspiracy to obstruct an official proceeding.
Donald Trump welcomed the decision on his social network Truth Social: GREAT VICTORY FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AMERICAN!
