The U.S. Supreme Court
A president has immunity from prosecution for handling constitutional duties, but has no immunity for crimes committed when performing unofficial acts. In the 6-3 decision, Justices Sonia Sotomayor and Katanji Jackson wrote dissenting opinions. Justice Elena Kagan agreed with Sotomayor’s dissent.
A federal grand jury indicted former President Donald J. Trump on four counts for conduct that occurred during his presidency following the November 2020 election. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud to obstruct the collecting, counting, and certifying of the election results, according to the official “syllabus” that preceded the decision.
“With respect to President’s exercise of his core constitutional powers, this immunity must be absolute,” Chief Justice John Roberts wrote in the majority opinion.
The decision sends the case back to the lower court to decide which of the charges against former President Donald Trump are official responsibilities and which are unofficial. Analysts predict this will delay the start of the trial past the election.
In question is whether Trump’s pressuring of Vice President Mike Pence to stop the counting of electoral votes was legal.
“Whenever the President and Vice President discuss their official responsibilities, they engage in official conduct,” according to the syllabus. “Presiding over the January 6 certification proceeding at which Members of Congress count the electoral votes is a constitutional and statutory duty of the Vice President.”
But will the lower court rule that pressuring the Vice President to act beyond his ceremonial role in counting the electoral vote was outside of his constitutional duty?
“The question then becomes whether that presumption of immunity is rebutted under the circumstances,” according to the syllabus.
Sotomayor, in her dissent, refutes the idea that a president should have absolute immunity while preforming his official duties. She gives bribery as an example of criminal activity while performing a constitutional duty “by definition.” With the wrong person in office, ambassadorships and other appointed administration positions would be up for sale to the highest bidder, she warns.
In last week’s debate, Trump suggested President Joe Biden should be charged for crimes related to controlling the border. Immigration and control of the border are constitutional duties, so this decision would give him immunity from prosecution.
Paying a porn star to keep their sexual relationship a secret would generally not be considered performing a constitutional function of the office of president.
— David Taffet