2024-07-01 Government Corruption
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Supreme Court says Trump has immunity for official acts in landmark ruling
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[CBS] The Supreme Court on Monday ruled that former President Donald Trump is entitled to immunity from federal prosecution for official actions he took while in office, a landmark decision in the height of an election season that could further delay the start of his criminal trial in Washington, D.C.
The 6-3 decision tosses out a ruling from the federal appeals court in Washington that concluded Trump is not entitled to broad immunity from criminal charges stemming from an alleged scheme to hold on to power after the 2020 election.
The ruling from the nation's highest court is an expansion of presidential power, since it extends immunity to criminal prosecutions of former presidents for their official conduct. Never before had the Supreme Court considered whether a former commander in chief could face criminal charges as a result of conduct that occurred while in the Oval Office.
Trump is the first to have held the presidency and faced prosecution. He has pleaded not guilty to four charges stemming from an alleged effort to subvert the transfer of presidential power after the 2020 election.
THE SUPREME COURT'S DECISION
"We conclude that under our constitutional structure of separated powers, the nature of Presidential power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office. At least with respect to the President's exercise of his core constitutional powers, this immunity must be absolute," Chief Justice John Roberts wrote. "As for his remaining official actions, he is also entitled to immunity. At the current stage of proceedings in this case, however, we need not and do not decide whether that immunity must be absolute, or instead whether a presumptive immunity is sufficient."
While concluding that former presidents have sweeping legal protections from charges for alleged acts that fell within their official duties, the Supreme Court rejected Trump's claims that he is entitled to sweeping, absolute immunity from prosecution that encompasses unofficial acts. Such a decision would've brought the federal prosecution by special counsel Jack Smith to an end.
The ruling makes it highly unlikely that a trial will happen before the November presidential election.
Trump, the presumptive Republican presidential nominee, has sought to delay proceedings in the case related to the 2020 election, as well as two other prosecutions, until after the upcoming presidential contest. If Trump defeats President Biden in November, he could order the Justice Department to seek to drop the federal charges against him or issue a pardon for himself, though the constitutionality of that maneuver has not been tested.
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Posted by Frank G 2024-07-01 11:01||
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