US

Supreme Court Rules Trump ‘Entitled To Immunity’ From Prosecution For Official Acts

(Photo by Stefani Reynolds/Getty Images)

Daily Caller News Foundation logo
Font Size:

The Supreme Court ruled on former President Donald Trump’s immunity appeal, finding that presidents have immunity from criminal prosecution for “official acts” taken in office.

Trump’s appeal, which seeks to dismiss the case brought by special counsel Jack Smith based on Trump’s claim that he has absolute immunity from criminal prosecution for official acts during his presidency, has long delayed his trial in Washington, D.C., bringing proceedings at the district court to a grinding halt as the Supreme Court sorted out the dispute. Trump was indicted last August on four felony counts relating to alleged efforts to overturn the 2020 election.

“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,” the court held in a 6-3 ruling. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”

Chief Justice John Roberts wrote in the majority opinion that the ultimate analysis on which of the allegations in Trump’s indictment are considered official acts subject to immunity is “best left to the lower courts.”

“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,” Roberts wrote. “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. ”

Roberts wrote that Trump is “absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.”

However, Roberts also wrote that Trump asserted “a far broader immunity than the limited one we have recognized.”

“He contends that the indictment must be dismissed because the Impeachment Judgment Clause requires that impeachment and Senate conviction precede a President’s criminal prosecution,” Roberts wrote. “The text of the Clause provides little support for such an absolute immunity.”

District Court Judge Tanya Chutkan canceled the initially scheduled March trial date while the appeal was still pending. The Supreme Court’s ruling now means a trial is almost certain not to be held before the election.

The D.C. Circuit Court of Appeals rejected Trump’s claim in February, finding he is not immune from prosecution. Chutkan previously denied Trump’s bid to dismiss the case in December.

U.S. Supreme Court Hears Arguments On 14th Amendment And Trump

WASHINGTON, DC – FEBRUARY 8: Protesters demonstrate outside of the U.S. Supreme Court on February 8, 2024 in Washington, DC.(Photo by Julia Nikhinson/Getty Images)

In an effort to speed up the process, Smith asked the Supreme Court in December to take the case before the appeals court could weigh in. The justices declined Smith’s request to accelerate the appeal.

In a dissent, Justice Sonia Sotomayor wrote that the majority’s ruling “reshapes the institution of the Presidency, claiming “the President is now a king above the law.”

“Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends,” Sotomayor wrote. “Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today.”

The Supreme Court ruled Friday in a case brought by Jan. 6 defendant Joseph Fischer that the Department of Justice (DOJ) interpreted an obstruction statute too broadly in charging him and hundreds of others. The ruling could impact Trump’s case as well, since two of the charges brought by Smith are related to the statute.

The indictment alleges Trump “knowingly false claims of election fraud to obstruct the federal government function by which those results are collected, counted, and certified.”

In a separate case involving the former president, the Supreme Court ruled in March that states cannot remove Trump from the 2024 ballot. (RELATED: Left-Wing DA, Biden DOJ Alum Secure Trump Conviction In Biden Donor’s Blue District Courtroom)

Trump’s criminal case in Georgia also is not expected to proceed to trial before the election, as it is now on pause pending the appeal of defendants’ bid to disqualify Fulton County District Attorney Fani Willis from the case. While he did not require her to step down from the case, Judge Scott McAfee found a significant appearance of impropriety in Willis’ relationship with the special prosecutor Nathan Wade, who defendants alleged she financially benefited from appointing when he paid for expenses on vacations.

The Daily Caller News Foundation reported in January that she awarded Wade a higher paying contract than the state’s top racketeering expert.

The trial date for his federal classified documents case in Florida was postponed indefinitely by the judge. Judge Aileen Cannon also held hearings recently considering the constitutionality of Smith’s appointment.

The FBI raided Mar-a-Lago in August 2022 as part of its investigation into Trump’s handling of the documents. Trump’s attorneys argued in a recent motion to dismiss the raid was “unconstitutional” and the search was “executed in an egregious fashion and in bad faith.”

President Joe Biden was not similarly charged for willfully possessing classified information after special counsel Robert Hur concluded a jury would likely not convict him, noting Biden presents himself “as a sympathetic, well-meaning, elderly man with a poor memory.”

Trump was convicted on 34 felony counts for falsifying business records in the case brought by Democratic Manhattan District Attorney Alvin Bragg in May. His sentencing is scheduled for July 11.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel