WASHINGTON--The U.S. Supreme Court found on Monday that Donald Trump cannot be prosecuted for actions that were within his constitutional powers as president in a landmark ruling recognizing for the first time any form of presidential immunity from prosecution. The justices, in a 6-3 ruling authored by Chief Justice John Roberts, threw out a lower court's decision that had rejected Trump's claim of immunity from federal criminal charges involving his efforts to undo his 2020 election loss to Joe Biden. The six conservative justices were in the majority, while its three liberal members dissented. Trump is the Republican candidate challenging Biden, a Democrat, in the Nov. 5 U.S. election in a 2020 rematch. The Supreme Court's slow handling of the case and its decision to return key questions about the scope of Trump's immunity to the trial judge to resolve make it improbable he will be tried before the election on these charges brought by Special Counsel Jack Smith. "We conclude that under our constitutional structure of separated powers, the nature of presidential power requires that a former president have some immunity from criminal prosecution for official acts during his tenure in office," Roberts wrote. Immunity for former presidents is "absolute" with respect to their "core constitutional powers," Roberts wrote, and a former president has "at least a presumptive immunity" for "acts within the outer perimeter of his official responsibility," meaning prosecutors face a high legal bar to overcome that presumption. The ruling could scuttle parts of the special counsel's case as U.S. District Judge Tanya Chutkan mulls the breadth of Trump's immunity. In recognizing broad immunity for Trump, Roberts cited the need for a president to "execute the duties of his office fearlessly and fairly" without the threat of prosecution. "As for a president's unofficial acts," Roberts added, "there is no immunity." Trump hailed the ruling in a social media post, writing: "BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!" Trump, 78, is the first former U.S. president to be criminally prosecuted and the first former president convicted of a crime. Smith's election subversion charges embody one of the four criminal cases Trump has faced. The court analyzed four categories of conduct contained in the indictment. They are: his discussions with U.S. Justice Department officials following the election; his alleged pressure on then-Vice President Mike Pence to block congressional certification of Biden's win; his alleged role in assembling fake pro-Trump electors to be used in the certification process; and his conduct related to the Jan. 6, 2021, attack on the U.S. Capitol by his supporters. The outcome gave Trump much of what he sought but stopped short of allowing absolute immunity for all official acts, as his lawyers had advocated. Instead the court specified that actions within the president's "exclusive sphere of constitutional authority" enjoy such a shield, while those taken outside his exclusive powers are only "presumptively immune." The court found Trump was absolutely immune for conversations with Justice Department officials. Trump is also "presumptively immune" regarding his interactions with Pence, it decided, but returned that and the two other categories to lower courts to determine whether Trump has immunity. 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 court's conservative majority includes three justices Trump appointed. The court decided the case on the last day of its term. Justice Sonia Sotomayor, joined by fellow liberal Justices Elena Kagan and Ketanji Brown Jackson, delivered a sharply worded dissent, saying the ruling effectively creates a "law-free zone around the president." "When he uses his official powers in any way, under the majority's reasoning, he now will be insulated from criminal prosecution. Orders the Navy's Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune," Sotomayor wrote. "In every use of official power, the president is now a king above the law," Sotomayor added. Quentin Fulks, Biden's deputy campaign manager, told reporters that the ruling made it easier for Trump to pursue a path to dictatorship. "There's no dispute over who Donald Trump is. He is a convicted felon who encourages violence, who wants to throw out the Constitution, who wants to be a dictator, and wants to use his office for revenge and retribution," Fulks added.
