Supreme Court says Trump has absolute immunity for official acts only

NPR ^ | July 1, 2024 | Nina Totenberg

[Dr. Franklin]

The U.S. Supreme Court, in a 6-3 decision along ideological lines, ruled that a former president has absolutely immunity for his core constitutional powers– and is entitled to a presumption of immunity for his official acts, but lack immunity for unofficial acts. . But at the same time, the court sent the case back to the trial judge to determine which, if any of Trump actions, were part of his official duties and thus were protected from prosecution.

That part of the court’s decision likely ensures that the case against Trump won’t be tried before the election, and then only if he is not re-elected. If he is re-elected, Trump could order the Justice Department to drop the charges against him, or he might try to pardon himself in the two pending federal cases.

Chief Justice John Roberts wrote the court’s decision, joined by his fellow conservatives. Dissenting were the three liberals, Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson.

....

Monday's decision to send the case back to trial Judge Tanya Chutkan all but guarantees that there will be no Trump trial on the election interference charges for months. Even before the immunity case, Judge Chutkan indicated that trial preparations would likely take three months. Now, she will also have to decide which of the charges in the Trump indictment should remain and which involve official acts that under the Supreme Court ruling are protected from prosecution.

Even after Judge Chutkan separates the constitutional wheat from the chaff, Trump could seek further delays, as immunity questions are among the very few that may be appealed prior to trial.

[kabar]

Here is the actual decision. NPR’s summary is found wanting.

https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf

[Vaduz]

I wonder how many ways the U.S. Supreme Court, in a 6-3 decision will get twisted to get Trump ?.

Smith holding meetings ?.

[Bob434]

congress is the one to keep checks on the president- they did not- because there was nothing legitimate to impeach him for concerning this case that is examining his NY trial- Trump was immune from prosecution, and again, Congress didn’t bring up charges for impeachment- The NY trial is a sham- Thankfully the SC has stepped in and made it clear that he can’t be tried for what the left are alleging he did

[joesbucks]

NPR and Nina do get it right (sometimes).

[RoseofTexas]

So in a way it a bitter victory? Immune from official acts during the time in office, but unofficial acts can still proceed. Am I reading this right? So all Jack Smith, and his rotten evil to the core judicial branch compadres have to do is change the wording to unofficial act and continue the harassment against President Trump. They did it with the expiration of limitations so they’ll do it here again. They see their candidate, FJB has a fatal wound and they’re going to try to bring Trump to his knees and totally destroy him. It’s an all out war for them now and we’re barely in July. God help us.

[Dr. Franklin]

... devils in the details... as a superior court they can choose to hear it... right?

Correct, by writ of certiorari, mandamus, scire facias, or prohibition. In at least one case SCOTUS has heard a case by "common law certiorari", which would be constitutionally illegal IMHO, probably because they were ignorant of what the common law permitted the use of the writ of scire facias, but I digress.

[MayflowerMadam]

And who gets to define, “official”?

[broken_clock]

How does the Zen Master see the Biden debacle?

[basalt]

Its been scalped...the heart of this so called case was Trump communicating to his D.O.J. about the election. That has been destroyed today, thats an official act by the President. His speech on Jan 6th is obvious protected speech. All they really have now is this so called “fake elector” thing which involved local officials. The Jan 6th case is basically dead. This Smith wanted to get all this garbage in front of a D.C. jury as quick as he could. Cant happen now....AHAHAHAHAHAHAHAHAHAHA

[kabar]

DC case on life support. It has been eviscerated. Good news for Trump. Jeff Clark says it is good news for him as well.

[jimfree]

The “presumptive” part is what is important. ALL presidential acts are presumed to be official. Any prosecution must present evidence that an act is not official to support an indictment. Jack can’t simply add the words. He needs to do his damned job.

[shadowlands1960]

Do you think this ruling opens a can-of-worms re: official vs. unofficial acts or does enough to define the difference? If it doesn’t do so it seems Congress will have to define those parameters...

[LS]

He has been extremely consistent: he doesn’t do politics, only court stuff.

[1Old Pro]

+1

[Dr. Franklin]

From the conclusion of the opinion:

"It is these enduring principles that guide our decision in this case. The President enjoys no immunity for his nofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.
The judgment of the Court of Appeals for the D. C. Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion.
It is so ordered. "

[chuck allen]

Do You think this renders impeachment for a “Perfect Phone Call” to Ukraine mute? That was certainly an Official Act.

[Recovering_Democrat]

The NPR fake news team is looking to get a refill on their prescription of COPIUM.

[1Old Pro]

Do You think this renders impeachment for a “Perfect Phone Call” to Ukraine mute? That was certainly an Official Act.

No, impeachment is separate.

[Tell It Right]

Applies to Biden too and all past presidents?

IMHO, they can be prosecuted for acting outside their authority granted from the Constitution, but not for doing things within their Constitutional authority.

Here's the meat and potatoes from the SCOTUS opinion:

The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President's conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.

[Dr. Franklin]

Do you think this ruling opens a can-of-worms re: official vs. unofficial acts or does enough to define the difference? If it doesn't do so it seems Congress will have to define those parameters...

Congress is not likely to define the term further, and the courts will do so on a case-by-case basis. That's how it usually works. Congress prefers not to act, which necessitates that the courts do the job.