Supreme Court rules ex-presidents have broad immunity, dimming chance of a pre-election Trump trial

By MARK SHERMAN
Associated Press

WASHINGTON — The Supreme Court on Monday ruled for the first time that former presidents have broad immunity from prosecution, extending the delay in the Washington criminal case against Donald Trump on charges he plotted to overturn his 2020 presidential election loss and all but ending prospects the former president could be tried before the November election.

In a historic 6-3 ruling, the court's conservative majority, including the three justices appointed by Trump, narrowed the case against him and returned it to the trial court to determine what is left of special counsel Jack Smith's indictment.

The court’s decision in a second major Trump case this term, along with its ruling rejecting efforts to bar him from the ballot because of his actions following the 2020 election, underscores the role the justices are playing in the November election. The court last week also limited an obstruction charge faced by Trump and used against hundreds of his supporters who stormed the Capitol on Jan. 6, 2021.

“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," Chief Justice John Roberts wrote for the court. “And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.”

Roberts insisted that the president “is not above the law." But in a fiery dissent for the court's three liberals, Justice Sonia Sotomayor wrote, “In every use of official power, the President is now a king above the law.”

Reading from her opinion in the courtroom, Sotomayor said, “Because our Constitution does not shield a former president from answering for criminal and treasonous acts, I dissent.” Sotomayor said the decision "makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law."

The protection afforded presidents by the court, she said, "is just as bad as it sounds, and it is baseless.”

Trump posted in all capital letters on his social media network shortly after the decision was released: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

Smith’s office declined to comment on the ruling.