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U.S. Supreme Court in Trump ruling declares ex-presidents have immunity for official acts

U.S. Supreme Court in Trump ruling declares ex-presidents have immunity for official acts

CTV
Monday, July 01, 2024 04:59:11 PM UTC

A divided U.S. Supreme Court threw out a judicial decision rejecting Donald Trump's bid to shield himself from federal criminal charges involving his efforts to overturn his 2020 election loss in a major ruling on Monday involving the scope of presidential immunity from prosecution.

A divided U.S. Supreme Court threw out a judicial decision rejecting Donald Trump's bid to shield himself from federal criminal charges involving his efforts to overturn his 2020 election loss in a major ruling on Monday involving the scope of presidential immunity from prosecution.

The court ruled that former presidents are shielded from prosecution for actions they take within their constitutional authority, as opposed to a private capacity. The ruling marked the first time since the nation's 18th century founding that the Supreme Court has declared that former presidents may be shielded from criminal charges in any instance.

The decision came in Trump's appeal of a lower court ruling rejecting his immunity claim. The court decided the blockbuster case on the last day of its term.

Trump is the Republican candidate challenging Democratic President Joe Biden in the Nov. 5 U.S. election in a rematch from four years ago. The court's slow handling of the blockbuster case already had helped Trump by making it unlikely that any trial on these charges brought by Special Counsel Jack Smith could be completed before the election.

Trump had argued that he is immune from prosecution because he was serving as president when he took the actions that led to the charges. Smith had opposed presidential immunity from prosecution based on the principle that no one is above the law.

During April 25 arguments in the case, Trump's legal team urged the justices to fully shield former presidents from criminal charges - "absolute immunity" - for official acts taken in office. Without immunity, Trump's lawyer said, sitting presidents would face "blackmail and extortion" by political rivals due to the threat of future prosecution.

The court's 6-3 conservative majority includes three justices Trump appointed. Smith's election subversion charges embody one of the four criminal cases Trump has faced.

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