Former President Donald Trump appealed certiorari to the United States court of appeals for the district of Columbia court.
Donald Trump case takes a new turn as Supreme Court held that former president has absolute immunity over core constitutional acts, presumptive immunity for official acts whereas no such immunity for unofficial acts. All such are respect to the acts performed under capacity of a president.
However, with this new development Trump’s case has been sent back to the trial court. It was done to determine and distinguish which, if any, acts performed by former president Donald Trump falls under official and unofficial acts. In this, official duties are protected from the prosecution.
Following the sluggish pace with twist and turns in the trial, that part of the court’s decision likely to be taken up only after the election. Not only this, trial will begin only if he’s not reelected to the post of the president. If Trump reelected then he could order Justice Department to drop charges against him or might pardon himself.
Case was unprecedented
The Supreme Court with a majority of 6-3 puts Donald Trump above the law. Chief Justice John Roberts along with his conservative partners forms the majority in the judgment while dissenting ones were the three liberals, Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson.
John Roberts acknowledging the case was unprecedented wrote, “No court has thus far considered how to distinguish between official and unofficial acts, the lower courts did not analyze the conduct alleged in the indictment to decide which of it should be categorized as official and which unofficial.”
Roberts wrote, “Trump asserts a far broader immunity than the limited one we have recognized.”
“Certain allegations — such as those involving Trump’s discussions with the Acting Attorney General — are readily categorized in light of the nature of the President’s official relationship to the office held by that individual,” he wrote. In other words, “Trump is … absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.”
Supreme Court Justice Brett Kavanaugh in September 2018:
— Republican Voters Against Trump (@AccountableGOP) July 1, 2024
“Under the Constitution, the president is not above the law. No one is above the law…The president remains subject to the law.” pic.twitter.com/wx6VcHr4VV
Why will it take time?
Sluggish pace once again got you as the decision to send the case back to the trial judge, Tanya Chutkan, guarantees no trial before the election. Even before this immunity thing, Judge Chutkan briefed upon the presumptive trial duration in the election interference case.
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Now that extra burden is on her to determine which of the charges will remain and which involves official acts and are protected from prosecution as ruled by the Supreme Court in the latest Monday’s Judgment.
Dissenting Judgement
In her dissenting judgment, Sonia Sotomayor said, “in effect, completely insulate[s] Presidents from criminal liability.”
“Today’s decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law,” she wrote. “Relying on little more than its own misguided wisdom about the need for “bold and unhesitating action” by the President, … the Court gives former President Trump all the immunity he asked for and more.”
The Supreme Court can no longer be trusted to uphold the Constitution.
— Ilhan Omar (@IlhanMN) July 1, 2024
If Donald Trump is reelected, this convicted felon, rapist, and twice-impeached former President will be able to do whatever the hell he wants.
It’s a scary day for American democracy.
However, the issue remains the same because even after Justice Tanya Chutkan filter official duties from the unofficial acts, Trump could seek more time and delays the trial, as immunity cases are very few that may be appealed prior to this trial.
