Supreme Court Delivers Nuke — Trump Gets IMMUNITY

OPINION:  This article contains commentary which may reflect the author’s opinion

On Monday, the U.S. Supreme Court supported the former president, who has maintained for over three years that he is not subject to criminal prosecution because of his remarks and deeds in relation to the Capitol riots on January 6, 2021.

The president is protected by the constitution from criminal punishment for any activities made while serving in an official capacity, the justices said in a 6-3 ruling. These would purportedly include the tweets made by President Trump in the days preceding J6, which raised concerns about the safety of the nation’s capital following the deaths of several Capitol police officers and a protestor. The court reasoned that immunity does not apply to unofficial activities, allowing special counsel Jack Smith to proceed with his two federal lawsuits against Trump.

“The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party,” the majority wrote according to the Post Millennial.

“The judgement of the Court of Appeals for the DC Circuit is vacated, and the case is remanded for further proceedings consistent with this opinion,” the six-member majority added.

Trump’s lawyers argued in April that presidential immunity applied to his activities concerning J6 and classified information, which are crucial to his two federal prosecutions. In response, Smith, the prosecutor from the Biden Justice Department, said that Trump was acting in his capacity as a private citizen when he allegedly took secret documents out of the White House for his own use and when he urged supporters to storm the Capitol building in an effort to stop Congress from accrediting the results of the 2020 election.

The majority decision of the court, according to Justice Sonia Sotomayor’s dissenting opinion, “makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law.” Justices Elena Kagan and Ketanji Brown Jackson also concurred.

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