The judicial council, which also plays the role of the United States Constitutional Court, made the decision in a ratio of 6:3, in which it is stated that based on the separation of powers, due to the nature of presidential power, a former president is entitled to absolute immunity from criminal prosecution for actions taken within the scope of his constitutional authority in his actions. The decision, written by the Supreme Court's chief justice, John Roberts, also read that a former president enjoys at least presumptive impunity for all official acts, but added that there is no impunity for non-official acts.
At the same time, the decision of the extent to which the ruling on the immunity of former presidents can be applied to the criminal case of Donald Trump was referred back to the jurisdiction of a lower court by the Supreme Court.
The Supreme Court discussed the case following the fact that the federal prosecutor's office brought criminal charges against Donald Trump after the November 2020 presidential election, in connection with the process of the transfer of power and partly in connection with what happened on January 6, 2021. The charges include that
Donald Trump committed fraud against the United States as part of a criminal organization and obstructed official proceedings.
Donald Trump has pleaded not guilty to the charges, arguing that he was acting in his official capacity as President of the United States in January 2021 and is therefore entitled to impunity. After that, the decision of the issue was brought to the Supreme Court, which heard the arguments of Donald Trump's legal representatives and the arguments of the representatives of the federal special prosecutor Jack Smith, who brought the charges, back in April.
The decision announced on Monday also reveals that six conservative members of the nine-member Supreme Court Council voted in favor of the decision, while three liberal lawyers voted against it.
After the decision was made public, Donald Trump praised it on his social media page. "It is a great victory for our constitution and democracy. I am proud to be an American," he said.
Special Prosecutor Jack Smith's office did not immediately comment on the decision after the decision was released. Chuck Schumer, the top Democrat in the Senate, sharply criticized the Supreme Court and called it a sad day for American democracy.
The issue of presidential immunity was also raised in the televised presidential debate held on June 27 between Democrat Joe Biden and Republican candidate Donald Trump. Donald Trump then demonstrated the importance of immunity by explaining that if Joe Biden leaves office next January,
criminal charges may arise against him for several official acts.
Since the founding of the United States, there has been a general consensus that the president is entitled to impunity, but after Donald Trump, as the first former president, was prosecuted for an act committed during his term of office, the Supreme Court had to make a decision that serves as a precedent and a general guideline for the future.
MTI
Cover image: MTI/EPA/Erik S. Lesser
