Trump has immunity for official acts, not private: US Supreme Court

US Supreme Court recognises that ex-presidents have immunity from prosecution for certain actions taken in office, throwing out decision rejecting Donald Trump's bid to shield himself from criminal charges involving efforts to undo his 2020 election loss. (Photo/AP Archive)

The US Supreme Court for the first time has recognised that ex-presidents have immunity from prosecution for certain actions taken in office, as it threw out a judicial decision rejecting Donald Trump's bid to shield himself from criminal charges involving his efforts to undo his 2020 election loss.

The court ruled 6-3 on Monday that while former presidents enjoy immunity for actions they take within their constitutional authority, they do not for actions taken in a private capacity.

Trump hailed a "big win" for democracy after the US Supreme Court ruled that presidents have presumptive immunity for official acts — a decision set to delay his trial for 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.

The ruling marked the first time since the nation's 18th-century founding that the Supreme Court has declared that former presidents may be shielded from criminal charges in any instance.

Chief Justice John Roberts announced the landmark ruling on behalf of the court's six-justice conservative majority. The court's three liberal justices dissented.

The decision came in Trump's appeal of a lower court ruling rejecting his immunity claim. The court decided the case on the last day of its term.

Warning of presidential 'blackmail and extortion'

Trump is the Republican candidate challenging Democratic President Joe Biden in the November 5 US election in a rematch from four years ago.

The court's slow handling of the blockbuster case already had helped Trump by making it unlikely that any trial on these charges brought by Special Counsel Jack Smith could be completed before the election.

Trump had argued that he was immune from prosecution because he was serving as president when he took the actions that led to the charges. Smith had opposed presidential immunity from prosecution based on the principle that no one is above the law.

During April 25 arguments in the case, Trump's legal team urged the justices to fully shield former presidents from criminal charges - "absolute immunity" - for official acts taken in office.

Without immunity, Trump's lawyer said, sitting presidents would face "blackmail and extortion" by political rivals due to the threat of future prosecution.

The court's 6-3 conservative majority includes three justices Trump appointed. Smith's election subversion charges embody one of the four criminal cases Trump has faced.

___

Source: TRT