The US Supreme Court has ruled that former President Donald Trump, along with other past presidents, is partially immune from criminal prosecution.
In a 6-3 decision, the justices determined that presidents have immunity for “official acts” taken while in office but are not immune for “unofficial acts.”
The court’s majority opinion stated that it is up to the trial judge to determine which allegations in Trump’s indictment qualify as official acts.
Trump is currently charged with plotting to overturn the 2020 election.
Chief Justice John Roberts, writing for the majority, stated, “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.”
Roberts also noted that Trump was acting in his official capacity when directing the Department of Justice to investigate purported election fraud and when pressing then-Vice-President Mike Pence not to certify Joe Biden’s victory in the 2020 election.
The three liberal justices on the Court, however, strongly dissented. In her dissent, Justice Sonia Sotomayor argued that the ruling could protect a president if they ordered US special forces to assassinate a political rival, organized a military coup to hold onto power, or took bribes in exchange for conferring a pardon.
The decision makes it less likely that Trump will stand trial in the case filed by Special Counsel Jack Smith before the November presidential election.
The special counsel’s office declined to comment on the ruling.
Trump reacted on social media, calling the decision a “big win for our constitution and democracy.”
The Republican presidential candidate had argued that he was entitled to absolute immunity from the charges, but two lower courts had previously rejected that claim.
The Supreme Court’s ruling has significant implications for the interpretation of presidential immunity and the separation of powers, impacting how former presidents can be held accountable for their actions once they leave office.