The Supreme Court confirmed that former presidents have immunity from criminal prosecution for certain actions taken in office, but not for actions taken in a private capacity.
The Supreme Court also threw out a ruling rejecting former President Donald Trump’s attempt to protect himself from criminal charges, including those related to his efforts to overturn his 2020 election defeat.
The court ruled by six votes to three that former presidents enjoy immunity for actions they take within their constitutional powers.
With this ruling, for the first time since the founding of the country in the 18th century, the Supreme Court declared that former presidents can be protected from criminal charges in every instance.
Chief Justice John Roberts announced the decision on behalf of the six-judge conservative majority. Three liberal judges were against.
The decision was made in response to Trump’s appeal of a lower court ruling denying his request for immunity. The court decided on the case on the last day of its mandate.
Trump is the Republican candidate who challenged Democratic President Joseph Biden in the November 5 US election.
It is unlikely that any trial on charges brought by special prosecutor Jack Smith could be completed before the election.
Trump has argued that he is immune from prosecution because he was president at the time he took the actions that led to the charges. Smith opposed presidential immunity on the principle that no one is above the law.
Trump is the first former US president to be criminally prosecuted, as well as the first former president convicted of a crime.
