"This is a great decision for the future of our country because [this establishes] not only the separation of powers, but also the specific limited authority that is given to each branch [of government] by the Constitution …. The court in its ruling specifically said that 'official' acts that are taken by a sitting president have immunity. [As a result] I think we are going to see at least some of these charges from the DOJ that are dismissed under presidential immunity." Jenna Ellis, former attorney for Pres. Trump |
In a historic ruling, the justices – in a 6-3 vote – said for the first time that former presidents can be shielded from prosecution for at least some of what they do in the Oval Office. But rather than do it themselves, the justices ordered lower courts to figure out precisely how to apply the decision to Trump’s case.
In reading for the majority, Chief Justice John Roberts said: "Trump is … absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials."
The majority found that the immunity they recognized extends to the “outer perimeter” of the president’s official responsibilities, setting what appears to be a high bar for determining what conduct could potentially be prosecuted.
“In dividing official from unofficial conduct, courts may not inquire into the president’s motives,” Roberts wrote. “Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.”
The opinion found Trump is “absolutely immune” from prosecution for alleged conduct involving discussions with the Justice Department.
Trump is also “at least presumptively immune” from allegations that he tried to pressure Pence to reject certification of the vote, Roberts wrote.
The majority did reject Trump’s arguments that the indictment should be dismissed, and that impeachment is a necessary step in the enforcement of the law.
