US former presidents have immunity for official acts, rules Supreme Court; Trump terms it a 'big win'

Trump's immunity case was sent back to the lower court

Trump immunity case US former President Donald Trump | Reuters

The United States Supreme Court on Monday ruled that former presidents have some immunity from prosecution. The SC said former presidents are entitled to absolute immunity from prosecution for official acts taken while in office but have no immunity for unofficial ones. 

In a historic 6-3 ruling, the justices returned Trump's case to the lower court to determine what is left of special counsel Jack Smith's indictment of Trump. This has again delayed the trial.

“Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority,” Chief Justice John Roberts wrote for the court.

Roberts was joined by the other five conservative justices. The three liberal justices dissented.

The dissenting judges--Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson--pointed out that the court's decision allows a president to use official powers to be insulated from prosecution. "Today's decision to grant former Presidents criminal immunity reshapes the institution of the presidency,” wrote Sotomayor.

Reacting to the ruling Trump said it was a "big win for our constitution”. 

"BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!" Trump posted on his social media network. 

Trump became the first former president to be convicted of a felony in May. He was found guilty of falsifying business records in the hush money case involving porn star Stormy Daniels. However, Trump has denied all allegations against him.  

He still faces three other indictments. 

Smith is leading the two federal probes of the former president, both of which have led to criminal charges. 

The Washington case focuses on Trump's alleged efforts to overturn the 2020 election after he lost to Democrat Joe Biden. The case in Florida revolves around the mishandling of classified documents. 

The Joe-Biden’s re-election campaign in a statement said that the Supreme Court ruling does not change the facts of what happened on January 6, 2021. 

"Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election," the campaign said in a statement, reiterating a major point Biden is trying to make to voters - that Trump is a danger to democracy.

Trump "thinks he’s above the law and is willing to do anything to gain and hold onto power for himself," the statement added.

(With agencies inputs)

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