The Supreme Court ruled Monday in a 6-3 decision that presidents have ‘at least presumptive immunity’ for all ‘official acts.’
The Biden Department of Justice’s (DOJ) lawfare against former President Donald Trump hit a massive roadblock Monday after the Supreme Court ruled 6-3 that presidents have “absolute immunity” for “actions within his conclusive and preclusive constitutional authority” and “at least presumptive immunity” for all “official acts.” The high court remanded several questions relating to the case against Trump back to the lower court to determine whether they constitute an official act, further delaying Special Counsel Jack Smith’s attempt to have a preelection trial.
The Supreme Court held:
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.
The Supreme Court also ruled that immunity does not extend “to conduct in areas where his authority is shared with Congress.” Chief Justice John Roberts, writing for the majority, offered guidance for distinguishing between official and unofficial acts, such as prohibiting courts from inquiring “into the President’s motives.”
The government alleged that, as part of his alleged conspiracy to overturn the election, Trump wanted to use the Department of Justice to send letters inquiring about potential voter fraud to select states and that Trump “repeatedly threatened to replace” acting Attorney General Jeffrey Rosen.
The high court found Trump “is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.
