Press
It’s a fundamental question: Are former presidents immune from prosecution while in office? The Supreme Court provides an answer that pleases Trump – for the most part.
Washington, DC – With a historic decision to protect former US presidents from prosecution, the Supreme Court the start of the electoral fraud trial against Donald Trump The Supreme Court, with its right-wing conservative majority, ruled that Trump enjoys immunity for certain official acts. It is therefore considered very unlikely that the trial in Washington will begin before the presidential election in November.
Trump, who was elected for the republican welcomed the verdict. “A great victory for our Constitution and democracy. Proud to be an American,” he wrote on his online platform Truth Social.
What can a US president afford? Lower court must now decide on Trump’s actions
The Supreme Court ruled that former presidents are immune from prosecution for official acts in office – but did not define these with regard to the charges. A lower court must now determine which acts Trump’s immunity applies to. “The President does not enjoy immunity for his unofficial acts, and not everything the President does is official. The President is not above the law,” the Supreme Court said in its decision.
Trump is being charged in the US capital in connection with attempted election fraud. Trump supporters stormed the parliament building in Washington on January 6, 2021. Before storming the Capitol, Trump had tried on various levels to overturn the result of the 2020 presidential election and to overturn his defeat at the time against the Democrat Joe Biden He has been charged with this in the US capital Washington – and in the US state of Georgia, proceedings are also underway against Trump for attempted election manipulation.
The ruling comes at a time when 78-year-old Trump seems to be riding a wave of success. After a disastrous performance by his rival Biden in a TV debate In the past week, many have questioned the 81-year-old’s suitability for the White House. While Biden’s camp is focusing on damage control and has gone into attack mode, Trump is appearing deliberately relaxed.
Immunity question in the USA: Donald Trump hoped for absolution
Trump and his legal team want to get the charges dropped in Washington. They appealed to the Supreme Court on the basis of his immunity from the office he held at the time as president. They argued that Trump could not be prosecuted for actions that were part of his duties as president. This argument was defeated by an appeals court in the US capital. The judge in charge of the case had previously rejected this argument.
Trump’s lawyers filed an appeal, which is why the case ended up before the Supreme Court. The Supreme Court took its time in reaching a verdict and published the decision on the last official day of the session.
The court’s ruling left the lower court with a lot of work to do because it did not clarify which parts of the charges should be considered official acts and which should be considered private acts. The ruling was passed by six votes to three. The majority of judges, considered to be extremely conservative, agreed with the decision in principle. With the ruling, they decided on the power of US presidents and where the limits of the rule of law lie.
The Constitution does not explicitly grant presidents immunity, even while in office. However, the Justice Department has traditionally held that presidents cannot be indicted, at least while in the White House. The ruling will also have immense significance for future presidents.
Dissenting opinion: Immunity as a “loaded weapon” – also for Trump?
The three justices, who are considered liberal, disagreed with the majority. Justice Sonia Sotomayor described immunity for official acts as a “loaded weapon” for any president who puts his own interests above those of the country. “The long-term consequences of today’s decision are significant,” she wrote in the dissenting opinion. “The court is effectively creating a lawless zone around the president and shaking up the status quo that has existed since the founding of the nation.”
The campaign team of US President Joe Biden released a statement shortly after the verdict was announced. “Today’s verdict does not change the facts,” US media quoted an election strategist from the Democrats. “Donald Trump went berserk after losing the 2020 election and encouraged a mob to overturn the results of a free and fair election.”
Criminal proceedings against the former president: tailwind for Trump
Several criminal proceedings are now underway against Trump in the middle of the election campaignTrump is also accused of attempted election fraud in the US state of Georgia. In Florida, he is accused of allegedly illegally storing secret documents. The Supreme Court’s ruling could also have an impact on these cases, especially the one in Georgia. The extent to which this will be the case will only become clear in the coming weeks.
In New York, the Republican was convicted at the end of May of illegally making hush money payments to a porn actress. The sentencing is scheduled for mid-July. Trump has announced an appeal against the verdict.
The Republican has maintained his innocence in all proceedings and portrays the investigations against him as an attempt by his political opponents to sideline him. So far, the criminal investigations have not harmed Trump in polls. (dpa/nak)
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