Prosecuted for his attempts to overturn the outcome of the 2020 presidential election, former President Donald Trump has petitioned the US Supreme Court to determine whether he enjoys blanket immunity. In its decision, the highest court ruled that any US president ” is entitled to at least a presumption of immunity for his official acts “But this is a partial victory for the ultraconservative, because she believes that ” The President enjoys no immunity for his unofficial acts ” and refers the case back to the trial court to determine which acts are exempt.
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Former US President Donald Trump saluted ” a great victory for the constitution and for American democracy “, after the announcement of the highest court.
With a conservative majority of six judges, three of whom were appointed by him, the Supreme Court considers that ” The President enjoys no immunity for his unofficial acts ” but that he ” is entitled to at least a presumption of immunity for his official acts ” According to the Court, Donald Trump even enjoyed absolute immunity for all matters relating to the Justice Department: otherwise, the president can ask to prosecute whomever he wants, even if he has no evidence and does whatever he wants as long as it remains within the scope of his duties.
The other three liberal justices disagreed with the decision, which they said endangered American democracy. The six conservatives, however, said their decision did not place the president above the law, since he does not have criminal immunity for his unofficial actions.
No decision possible before the November 5 election
The court ruled on four categories of conduct in Donald Trump’s indictment: his discussions with the Justice Department Following the 2020 election, his alleged pressure on then-Vice President Mike Pence to block the certification of Joe Biden’s victory, his alleged role in creating fake pro-Trump supporters, and his behavior related to the January 6, 2021, storming of the Capitol.
The highest court, however, refers the other three categories to the trial court to determine which acts are potentially immune from criminal prosecution. It will be up to the prosecution to demonstrate that they are not when they were committed in the exercise of its functions. The District of Columbia Court, which includes the capital Washington, will have to decide in a case already stripped of a significant portion of the accusations.
The judgment will take time and the decisions will be subject to appeal. All of this means that there is no longer any chance that this case will be decided before the presidential election on November 5. By deciding on February 28 to take up this question, and then scheduling the hearing nearly three months later, the highest court in the United States had already significantly delayed the federal trial of the former Republican president for attempting to illegally reverse the results of the 2020 election won by Joe Biden.
The legal playing field now appears largely clear for Donald Trump’s campaign. The two other criminal trials he faces – the Florida documents case and the attempted election overthrow in Georgia – are in limbo.
This will complicate the task of prosecutor Jack Smith, who has indicted the former president for his attempts to reverse the outcome of the 2020 election. As a result of its decisions, the Supreme Court has once again pushed back the date of a possible trial and ” plays in favor of Donald Trump’s camp “, says Anne Deysine, a lawyer and specialist in the United States. She had already refused to rule urgently on the issue of immunity.
“By dragging things out, the Supreme Court is playing into Trump’s camp”
UNITED STATES _By dragging things out, the Supreme Court is “playing in Trump’s camp” (A. Deysine, US legal expert) 11 p.m.
Trump could order case dismissed if elected
If elected, Donald Trump could order the Justice Department to stop federal prosecutions against him.
The Republican candidate ” thinks he is above the law “, reacted Joe Biden’s campaign team, considering that the decision ” does not change the facts (…) : Donald Trump snapped after losing 2020 election and encouraged mob to reverse election results “, according to a campaign advisor.
Justice Sonia Sotomayor, in her dissent joined by her two progressive colleagues, criticizes the majority of the Court, in its ” obsession “that a president can act without fear,” to ignore the equivalent need for restraint “Beyond the case of Donald Trump, this decision has ” irrevocably altered the relationship between the president and the people he serves ” she wrote, transforming it into ” king above the laws in every use of his official power “.
This is good news for the Republican candidate in the November presidential election, analyzes Julien Tourreille, researcher in residence at the Raoul Dandurand Chair Observatory on the United States at the University of Quebec in Montreal.
“A victory for Donald Trump in both form and substance”
Julien Tourreille, researcher in residence at the Raoul Dandurand Chair Observatory on the United States at the University of Quebec in Montreal, gives his insight on the Supreme Court’s decision.
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