The US Supreme Court’s landmark ruling on presidential immunity sets a “dangerous precedent” that former US president Donald Trump would exploit if elected in November, US President Joe Biden said on Monday.
The conservative-dominated high court ruled that Trump — and all presidents — enjoy “absolute immunity” from criminal prosecution for “official acts” taken while in office, but can still face criminal penalties for “unofficial acts.”
“For all practical purposes today’s decision almost certainly means there are no limits to what a president can do. This is a fundamentally new principle, and it’s a dangerous precedent,” Biden said in a speech at the White House.
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Trump is facing criminal charges over his attempts to overturn his 2020 election loss to Biden, but that trial had been put on hold while the Supreme Court considered his immunity claims.
The 6-3 ruling on Monday, split along ideological lines, is set to further delay proceedings in that case, almost certainly to sometime after voters head to the polls in November.
“The American people must decide if they want to entrust ... once again, the presidency to Donald Trump, now knowing he’ll be more emboldened to do whatever he pleases, whenever he wants to do it,” Biden said.
Conservative Chief Justice John Roberts, in his majority opinion, said a president is “not above the law,” but does have “absolute immunity” from criminal prosecution for official acts taken while in office.
“The president therefore may not be prosecuted for exercising his core constitutional powers,” Roberts said.
“As for a President’s unofficial acts, there is no immunity,” he added, sending the case back to a lower court to determine which of the charges facing Trump involve official or unofficial conduct.
Trump is charged with conspiracy to defraud the US, as well as obstruction of an official proceeding — when a violent mob of his supporters tried to prevent the Jan. 6, 2021, joint session of the US Congress held to certify Biden’s victory.
The 78-year-old former president is also charged with conspiracy to deny Americans the right to vote and to have their votes counted.
“The public has a right to know the answer about what happened on Jan. 6, before they’re asked to vote again this year,” Biden said. “Now because of today’s decision, that is highly, highly unlikely. It’s a terrible disservice to the people of this nation.”
The three liberal justices dissented from Monday’s ruling, with Justice Sonia Sotomayor saying she was doing so “with fear for our democracy.”
“Never in the history of our Republic has a president had reason to believe that he would be immune from criminal prosecution if he used the trappings of his office to violate the criminal law,” Sotomayor said. “In every use of official power, the president is now a king above the law.”
“Orders the Navy’s Seal Team Six to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune,” she said.
Trump welcomed the decision, writing on Truth Social that it was a “big win for our Constitution and democracy.”
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