Just a few weeks ago, a Manhattan jury found former president Donald Trump guilty of 34 felony counts. Its decision affirmed an idea that is the bedrock of American democracy: no one, not even a former president, is above the law. Monday’s Supreme Court decision in Trump vs United States seems to undercut that principle.
In a 6-3 decision regarding Trump’s claims of immunity over allegations that he sought to overturn the 2020 election result, the court radically expanded the notion of presidential immunity. It argued that a president may not be criminally prosecuted for exercising “core constitutional” duties, such as commanding the military, and has “presumptive immunity” for “official” acts.
The majority opinion, penned by Chief Justice John Roberts, suggests “official” could apply to anything a president does with the agencies under their jurisdiction. A president, it states, has no immunity for “unofficial” acts.