The American Supreme Court, with a conservative majority, further delayed the federal trial of Donald Trump on Monday, July 1, with a decision on the limits of a president’s criminal immunity which makes it virtually impossible to hold this trial before the election in four months. By deciding on February 28 to take up this question, then by scheduling the debates almost three months later, the highest court of the United States had already considerably postponed the federal trial of the former Republican president for attempted illegally reverse the results of the 2020 election won by Joe Biden.
With the six conservative justices dissenting against the three progressives, the Court held that “the president enjoys no immunity for his unofficial acts,” but that he “is entitled to at least a presumption of immunity for his official acts.” It therefore sent the case back to the trial court to determine which acts are potentially immune from criminal prosecution, with the prosecution having to demonstrate that they are not when they were carried out in the exercise of his functions.
Reactions. This decision is “a great victory for our democracy and our Constitution,” Donald Trump immediately hailed. The Republican candidate “thinks he is above the law,” reacted Joe Biden’s campaign team, estimating that the decision “does not change the facts (…): Donald Trump cracked after losing the 2020 election and encouraged a mob to reverse the results of an election,” according to the words of an adviser to the electoral campaign.
Judge Sonia Sotomayor, in her dissent joined by her two progressive colleagues, criticizes the majority of the Court, in its “obsession” with a president being able to act without fear, “of ignoring the equivalent necessity of detention “. Beyond the case of Donald Trump, this decision has “irrevocably modified the relationship between the president and the people he serves,” she writes, by transforming him into “a king above the law in every use of his power official “.
According to Steven Schwinn, a constitutional law professor at the University of Illinois at Chicago (north), “to the extent that Donald Trump was trying to drag this out until after the election, he was completely successful.” “The court’s decision provides an obvious blueprint for a president who would like to immunize himself from prosecution for potentially criminally wrongful actions simply by intertwining them with official actions,” he points out.
Postponed indefinitely. The entire procedure for this trial, initially scheduled to start on March 4 and postponed indefinitely, had already been suspended for four months. During the debates, while the justices were generally skeptical of the absolute immunity claimed by the Republican candidate, several, particularly among conservatives, insisted on the long-term repercussions of their decision. “We are writing a rule for posterity,” Neil Gorsuch had observed, in reference to the unprecedented nature of the issue. “This case has enormous implications for the future of the presidency and the country,” added his colleague Brett Kavanaugh.
Targeted by four separate criminal proceedings, Donald Trump is doing everything possible to go to trial as late as possible, at least after the presidential election. He was convicted on May 30 by a New York court of “aggravated accounting falsification to conceal a conspiracy to pervert the 2016 election.” His sentence will be pronounced on July 11. But this first criminal conviction, unprecedented for a former American president, in the least politically heavy of the four procedures, now risks also being the only one before the vote.
Because through appeals, Donald Trump’s lawyers managed to postpone other trials until further notice, at the federal level for withholding classified documents after his departure from the White House and before the courts of the key state of Georgia (southeast) for electoral interference in 2020. If he were elected again, Donald Trump could, once inaugurated in January 2025, order a halt to federal proceedings against him.
Selim SAHEB ETTABA
© Agence France-Presse
