The US Supreme Court ruled that Mr. Trump has constitutional immunity for official activities, but not for personal actions.
The US Supreme Court ruled on July 1 by a 6-3 vote that former President Donald Trump enjoys immunity for official actions, while actions he took in his personal capacity do not enjoy immunity.
Chief Justice John Roberts announced the decision on behalf of the justices. “We conclude that under the constitutional separation of powers, former presidents are entitled to immunity from prosecution for acts performed in office,” Roberts said, but added that not all presidential actions are “official.”
“A former president does not enjoy immunity for non-official actions. The president is not above the law,” Roberts wrote.
Former US President Donald Trump at CNN’s studio in Atlanta, Georgia, June 27. Photo: AFP
Trump’s case was sent back to a lower court for further review. Chief Justice Roberts said the lower court had a duty to assess whether former President Trump’s actions related to his efforts to sway the 2020 election were his official or private actions.
Following an investigation by special prosecutor Jack Smith, Mr. Trump was indicted in Washington federal court in August 2023 on charges of attempting to overturn the results of the 2020 presidential election, leading to the Capitol Hill riot in January 2021.
The Supreme Court’s ruling complicates the case, adds time to resolve, and delays the start of the trial process. If re-elected, Mr. Trump could ask the new attorney general to drop the federal prosecutions or seek a presidential pardon.
Former President Trump praised the Supreme Court’s ruling, calling it a “great victory for the Constitution and democracy.” “Proud to be an American,” he wrote on the social network Truth Social.
President Joe Biden’s campaign criticized Mr. Trump for thinking he was “above the law.” “Donald Trump went on a rampage after losing the 2020 election and incited a mob to reject the results. He thinks he is above the law and will do anything to gain and keep power for himself,” Biden’s campaign said in a statement.
The US Supreme Court has nine justices. Six are conservative, having been appointed by Republican presidents, three of whom were appointed by Trump. The remaining three are liberal, having been appointed by Democratic presidents.