Supreme Court Rules Trump Has Significant Immunity From Prosecution

The Supreme Court dealt a major blow to Donald Trump’s prosecution on charges he sought to subvert the 2020 election, ruling 6-3 Monday that former presidents enjoy sweeping immunity for their acts while in office.

The president “may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts,” Chief Justice John Roberts wrote for the court, joined in whole or part by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

But “the President enjoys no immunity for unofficial acts, and not everything the President does is official,” Roberts wrote.
The court on its own threw out parts of the prosecution’s case against Trump, including on his alleged efforts to use the Justice Department to advance his claims of election fraud and submit slates of false electors to replace those President Biden won. “The President may discuss potential investigations and prosecutions with his Attorney General and other Justice Department officials to carry out his constitutional duty,” Roberts wrote.

“Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” including his threat to remove acting Attorney General Jeffrey Rosen, Roberts wrote.

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