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In the biggest test of the presidency's power since President Richard Nixon's resignation in 1974, the U.S. Supreme Court ruled on Monday that a president cannot be prosecuted for official actions taken while in office.
In a 6-3 decision, the Supreme Court returned lower court rulings and stated that a former president has absolute immunity for his core constitutional powers.
Writing the opinion on behalf of the six conservative justices, Chief Justice John Roberts said Trump is entitled to at least presumptive immunity from prosecution for all his official acts, but there is no immunity for unofficial acts. The court sent the case back to a lower court to determine which of Trump's actions, if any, were official duties and therefore subject to immunity.
Lawyers for former President Donald Trump argued that allegations he had illegally attempted to prevent Joe Biden from taking office in 2021 were acts taken as president and are subject to absolute immunity from criminal prosecution. His attorneys added that this argument would not apply to a president who was impeached and convicted for those acts. Trump was impeached by the House in 2021, but he was acquitted by the Senate.
Michael Dreeben, an attorney representing special counsel Jack Smith’s office, argued against that conclusion, noting that prosecution for bribery, treason, murder and - in Trump’s case - attempting to overturn the results of the election through fraud was in direct conflict with the country’s founding principles.
The ruling applies not just to actions taken by Trump, but to any past, current or future president.
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