The Court emphasized that this immunity does not extend to unofficial or private actions. This historic ruling marks the first time in U.S. history that the Court has declared that former presidents can be shielded from criminal prosecution under certain circumstances. This decision came in response to Trump's indictment by special counsel Jack Smith, who accused the former president of conspiring to overturn the results of the 2020 election. Trump's defense argued that his actions following the election were within the scope of his official presidential duties. During the Supreme Court arguments, Trump's attorney, D. John Sauer, argued that subjecting presidents to potential future prosecution could expose them to "de facto blackmail and extortion by political rivals while still in office." Smith, however, contended that Trump's actions fell outside his official duties and should not be protected. The Supreme Court's decision followed Trump's appeal of a lower court ruling that had rejected his immunity claim. In the majority opinion, Chief Justice John Roberts wrote, "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. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts." The Court outlined the first step in determining a former president's immunity, which is to distinguish between official and unofficial actions. Roberts said that no court had yet made this distinction regarding the conduct alleged. “It is therefore incumbent upon the Court to be mindful that it is ‘a court of final review and not first view,’” Roberts wrote. “It is the government’s burden to rebut the presumption of immunity,” the Court said, remanding the case back to the district court to determine which acts were official or unofficial, making it unlikely that the case will go to trial before the 2024 election. In the 119-page decision, the Court challenged some of the key arguments brought by Smith. “The Executive Branch has ‘exclusive authority and absolute discretion’ to decide which crimes to investigate and prosecute, including with respect to allegations of election crime,” Roberts wrote. “The indictment’s allegations that the requested investigations were shams or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials,” the majority opinion states. “Because the President cannot be prosecuted for conduct within his exclusive constitutional authority, Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.” The ruling also addressed allegations that Trump pressured then-Vice President Mike Pence to refuse certain states' electoral votes or send them back for state legislatures to review. The Court ruled that when presidents and vice presidents discuss official responsibilities, they are engaging in official conduct, and Trump is "at least presumptively immune from prosecution for such conduct." According to Smith’s indictment, Trump acted criminally in his interactions with state officials, private parties, and the public when stating that election fraud had impacted the results, and trying to organize alternate slates of electors. Trump’s defense said that these were official acts because they were undertaken to ensure the integrity of the federal election. Smith argued there is no source of authority for those actions. Determining which of those characterizations is correct “requires a fact-specific analysis” of the indictment’s allegations, which is to be done by the district court, Roberts wrote. The Court also addressed Trump's statements and tweets during the Capitol riot on Jan. 6, stating that presidents possess “extraordinary power to speak to his fellow citizens and on their behalf,” adding that “most of a president’s public communications are likely to fall comfortably within the outer perimeter of his official responsibilities.” The majority opinion added:In a landmark 6-3 decision, the U.S. Supreme Court has ruled that former President Donald Trump has absolute immunity from criminal prosecution for official acts carried out while in office.
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 under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts. That immunity applies equally to all occupants of the Oval Office.
Early Monday afternoon, Trump praised the decision on Truth Social.
“Today’s Historic Decision by the Supreme Court should end all of Crooked Joe Biden’s Witch Hunts against me, including the New York Hoaxes - The Manhattan SCAM cooked up by Soros backed D.A., Alvin Bragg, Racist New York Attorney General Tish James’ shameless ATTACK on the amazing business that I have built, and the FAKE Bergdorf’s ‘case.’ PROUD TO BE AN AMERICAN!” he wrote.
Editor’s Note: An earlier version of this article did not include comments from Trump.
