The United States Supreme Court has ruled that former American presidents have “absolute immunity” for their official actions, addressing a series of charges against former President Donald Trump. Federal prosecutors have charged Trump with four criminal counts related to the 2020 presidential election, alleging he conspired to overturn the results by spreading false claims of fraud.
The court stated that under the constitutional structure of separated powers, a former president is entitled to absolute immunity from criminal prosecution for actions within their conclusive and preclusive constitutional authority. They are also entitled to at least presumptive immunity from prosecution for all their official acts, with no immunity for unofficial acts.
The majority opinion was written by Chief Justice John Roberts, supported by the six conservative-leaning justices on the court. The ruling is a victory for Trump regarding his tweets to the American public on January 6 and conversations with then-Vice President Mike Pence about presiding over the certification of election results, as both actions were within the scope of official duties.
However, the verdict allows lower courts to hold evidentiary hearings to determine which actions by Trump may have been unofficial, such as when he contacted state and local election officials about the 2020 vote. The court warned that in dividing official from unofficial conduct, courts may not inquire into the president’s motives.
The decision emphasizes that “the President is not above the law” but also states that “under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts.
This ruling complicates the plans for special counsel Jack Smith to prosecute Trump in the federal court in Washington, D.C., before the November election. Trump challenged the 2020 election as irregular and possibly tainted by fraud, pointing to delays in counting mail-in votes that went in Democrat Joe Biden’s favor after polls closed in a handful of states. Democrats have insisted that the election was the most secure and legitimate ever, with any questioning of the result being an attack on democracy.