Supreme Court rules Trump has some immunity — likely postponing election interference case until after November

The Supreme Court ruled on Monday that former President Donald Trump has some presidential immunity for acts taken in the course of his duties as president.

'PROUD TO BE AN AMERICAN!'

The justices, in a 6-3 vote, determined that presidents have “absolute immunity” for official acts.

“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 Supreme Court wrote.

While Trump’s motion to dismiss the case based on presidential immunity was not outright granted, the decision will likely postpone Special Counsel Jack Smith’s case until after the November election.

The Supreme Court stated that it is not required to determine whether the presidential immunity is “presumptive or absolute.” The case will go back to the district court for further factual development on several points.

“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. Other allegations—such as those involving Trump’s interactions with the Vice President, state officials, and certain private parties, and his comments to the general public—present more difficult questions,” Chief Justice John Roberts wrote.

Trump reacted to the ruling on Monday, stating on X, “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

Part three of the Supreme Court's opinion noted that "no court has thus far considered how to draw" a distinction between a president's official and unofficial acts.

The justices ruled that Trump is immune from prosecution for his conversations with Department of Justice officials. Additionally, they ordered the lower court to reconsider whether Trump can be prosecuted for his discussions with former Vice President Mike Pence. Further fact development is necessary to determine whether Trump can be prosecuted for allegedly planning to submit fraudulent electors and comments he made to the crowd on January 6, 2021.

A Biden campaign adviser released a statement in response to the Supreme Court's decision.

"Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election," the adviser stated. "Trump is already running for president as a convicted felon for the very same reason he sat idly by while the mob violently attacked the Capitol: he thinks he's above the law and is willing to do anything to gain and hold onto power for himself."

The adviser claimed that Trump "has only grown more unhinged" since January 6, 2021, and he is "promising to be a dictator 'on day one,' calling for our Constitution to be 'terminated' so he can regain power, and promising a 'bloodbath' if he loses."

"The American people already rejected Donald Trump's self-obsessed quest for power once — Joe Biden will make sure they reject it for good in November," the adviser added.

Justice Sonia Sotomayor also opposed the ruling, claiming that it "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. Relying on little more than its own misguided wisdom about the need for 'bold and unhesitating action' by the President, ante, at 3, 13, the Court gives former President Trump all the immunity he asked for and more," Sotomayor said. "Because our Constitution does not shield a former President from answering for criminal and treasonous acts, I dissent."

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