The US Supreme Court has, for the first time, recognized that ex-presidents have immunity from prosecution for certain actions taken in office.
This ruling came as the court dismissed a judicial decision rejecting Donald Trump’s attempt to protect himself from criminal charges related to his efforts to overturn his 2020 election defeat.
In a 6-3 decision on Monday, the court ruled that former presidents enjoy immunity for actions taken within their constitutional authority but not for actions taken in a private capacity.
Trump celebrated the decision as a “big win” for democracy, noting that the ruling grants presidents presumptive immunity for official acts, which will delay his trial for allegedly conspiring to overturn his 2020 election loss.
“Big win for our constitution and democracy. Proud to be an American!” Trump posted in all caps on his Truth Social platform.
This ruling is unprecedented since the nation’s founding in the 18th century, marking the first time the Supreme Court has declared that former presidents may be shielded from criminal charges under certain circumstances.
Chief Justice John Roberts delivered the landmark ruling for the court’s six-justice conservative majority, while the three liberal justices dissented.
The decision came in response to Trump’s appeal of a lower court ruling that had rejected his claim of immunity. The case was decided on the last day of the court’s term.
Warning of Presidential ‘Blackmail and Extortion’
Trump, the Republican candidate for the upcoming November 5 US election, is challenging Democratic President Joe Biden in a rematch from four years ago.
The court’s protracted handling of this significant case has already benefited Trump by making it improbable that any trial on these charges brought by Special Counsel Jack Smith could conclude before the election.
Trump’s argument hinged on his claim of immunity from prosecution because he was serving as president when he took the actions leading to the charges. Smith opposed this notion, asserting that no one, including the president, is above the law.
During the April 25 arguments, Trump’s legal team urged the justices to provide former presidents with “absolute immunity” from criminal charges for official acts taken in office.
Without such immunity, Trump’s lawyer argued, sitting presidents would face “blackmail and extortion” from political rivals due to the threat of future prosecution.
The court’s 6-3 conservative majority includes three justices appointed by Trump. Smith’s election subversion charges represent one of the four criminal cases Trump has faced.
