The US Supreme Court has ruled that Donald Trump may claim immunity from criminal prosecution for some of the actions he took as President in a decision that will probably further delay a trial on the presidential election subversion charges against him.
The decision came in at 6-3, with the liberals in disagreement. The ruling rejects a decision taken by a federal appeals court in February that found Trump had no immunity for alleged crimes—with the aim of reversing the 2020 election results—he committed during his presidency.
The decision states that presidents have immunity for official acts, but not all acts are official, and lower courts must decide which acts qualify for each. Trump reportedly called the decision “a big win.”
The former President and businessman is currently the subject of four criminal cases, while attempting to take on Joe Biden to reclaim his position in the White House. He faces a sentencing hearing next week in his hush money case after being found guilty.
Chief Justice John Roberts justified the semi-granting of immunity to Trump with an explanation similar to that of former President Richard Nixon’s most infamous quotes from the Watergate era, as per CNN.
Roberts wrote that, “The ‘justifying purposes’ of the immunity…we recognize today, are not that the President must be immune because he is the President; rather, they are to ensure that the President can undertake his constitutionally designated functions effectively, free from undue pressures or distortions.”
Other court cases against Trump
It has also been noted that the Supreme Court’s decision on presidential immunity could reshape the criminal case against Trump in Georgia, which is centered on his efforts of overturning the 2020 election results in the Peach State.
The Georgia case has been put on hold while an appeals court determines whether Fulton County District Attorney Fani Willis should be disqualified. Of course, this is an unrelated decision that is not expected to come until after the November presidential election.
If Willis is permitted to stay on the case, proceedings would be able to resume. This means Fulton County Judge Scott McAfee would have to go through the same analysis on presidential immunity that the US Supreme Court is requiring in the federal election subversion case. Under that test, Trump is allowed some immunity for official acts as president and none for unofficial acts, as per CNN.
Steve Sadow, Trump’s lead attorney in the Georgia case, claimed in January that the state-level charges ought to be dismissed on immunity grounds. Prosecutors had been waiting for the Supreme Court to weigh in before responding to Sadow’s motion.