The US Supreme Court on Monday ruled 6-3 that while former presidents enjoy immunity for actions they take within their constitutional authority, they do not for actions taken in a private capacity.
The United States Supreme Court has for the first time recognised that former 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 on Monday ruled 6-3 that while former presidents enjoy immunity for actions they take within their constitutional authority, they do not for actions taken in a private capacity.
According to Al Jazeera, 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.
The decision will boost Trump’s defence against federal charges over his efforts to overturn the 2020 vote, which he lost to President Joe Biden. It could also affect similar state-level election interference charges in Georgia.
Trump was quick to welcome the ruling. “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN,” the former president wrote in a social media post.
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Chief Justice John Roberts announced the landmark decision on behalf of the court’s six-justice conservative majority. The court’s three liberal justices dissented.
The Supreme Court justices argued that enabling the prosecution of former presidents over their official acts in office could open the door for political retribution and despotism.
“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 Congress may not criminalise the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution,” they wrote.
They stressed that the immunity does not apply just to Trump but “to all occupants of the Oval Office, regardless of politics, policy, or party.”
Three of the six justices who backed the ruling were appointed by Trump himself.
Liberal Justice Sonia Sotomayor forcefully rejected the majority’s opinion on Monday, arguing that the ruling effectively legalises abuse of power.
“The President of the United States is the most powerful person in the country, and possibly the world. When he uses his official powers in any way, under the majority’s reasoning, he will now be insulated from criminal prosecution,” she wrote.
“Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organises a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.”
Several Democrats decried the top court’s decision on Monday. Progressive Congresswoman Alexandria Ocasio-Cortez called the ruling an “assault on American democracy.”.
Source: Sahara Reporters
