The long-awaited verdict has finally been delivered, stating that a president is only protected from prosecution for official acts, not for private acts. It is now up to others to determine whether Trump’s attempts to overturn the 2020 election result were official acts. The Supreme Court waited until the last minute to make this decision, which was published on July 1, after the normal end of the Court’s term in June.
The ruling states that former presidents have absolute immunity from criminal prosecution for official actions taken while in the White House, but this immunity does not apply to unofficial actions. As a result, the criminal trial against Trump in Washington for his conduct before the storming of the Capitol on January 6, 2021 can continue, but must be sent back to lower courts to clarify how the Supreme Court’s decision applies to Trump’s case.
Chief Justice John Roberts emphasized in the ruling that the president is not above the law and does not enjoy immunity for unofficial acts. The verdict was passed by a 6:3 vote, with the minority expressing concerns about the implications for democracy if the principle of no one being above the law was violated.
The legal battle over presidential immunity began with the investigation into Trump’s role in the Capitol storming, which led to charges being brought against him in Washington. Trump argued for absolute immunity for his actions in office, but the Supreme Court ultimately ruled that he could be tried for unofficial actions after leaving office, leading to the continuation of the case against him.
Trump celebrated the decision as granting him total immunity, while critics, including Senate Majority Leader Chuck Schumer, called it a disgrace and accused the conservative-dominated Supreme Court of being influenced by politics. Despite these differing opinions, the majority of Americans believe that a president should not have immunity from prosecution for actions taken in office.