• 6-3 majority decision says ex-president can be prosecuted for private acts
• Former Trump aide Bannon begins four-month prison sentence

WASHINGTON: The US Supreme Court found on Monday that Donald Trump cannot be prosecuted for official actions taken as president, but can for private acts, in a landmark ruling recognising for the first time any form of presidential immunity from prosecution.

The justices, in a 6-3 ruling written by Chief Justice John Roberts, threw out a lower court’s decision rejecting Trump’s claim of immunity from criminal charges involving his efforts to undo his 2020 election loss to Joe Biden. The six conservative justices were in the majority. Its three liberals dissented.

“We conclude that under our constitutional structure of separated powers, the nature of presidential power requires that former president have some immunity from criminal prosecution for official acts during his tenure in office,” Roberts wrote.

“At least with respect to the president’s exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is also entitled to immunity,” Roberts added.

Trump hailed the ruling in a social media post, writing: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”

Roberts said Trump’s case will be sent back to the lower courts for further review. The Supreme Court’s slow handling of the blockbuster case already had helped Trump by making it unlikely that any trial on these charges brought by Special Counsel Jack Smith could be completed before the election.

The court found Trump was absolutely immune for conversations with Justice Department officials, but returned the case to lower courts to determine whether Trump has immunity for the other three categories.

The decision came in Trump’s appeal of a lower court ruling rejecting his immunity claim. The court decided the case on the last day of its term.

‘Misguided wisdom’

Justice Sonia Sotomayor, joined by fellow liberal Justices Elena Kagan and Ketanji Brown Jackson, delivered a sharply worded dissent, saying the ruling “makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law”.

Sotomayor added: “Relying on little more than its own misguided wisdom about the need for bold and unhesitating action by the president, the court gives former President Trump all the immunity he asked for and more.” She said the ruling “reshapes the institution of the presidency”.

Trump had argued that he is immune from prosecution because he was serving as president when he took the actions that led to the charges. Smith had opposed presidential immunity from prosecution based on the principle that no one is above the law.

Trump’s trial had been scheduled to start on March 4 before the delays over the immunity issue. Now, no trial date is set. Trump made his immunity claim to the trial judge in October, meaning the issue has been litigated for about nine months.

In a separate case brought in New York state court, Trump was found guilty by a jury in Manhattan on May 30 on 34 counts of falsifying documents to cover up hush money paid to a porn star to avoid a sex scandal before the 2016 election. Trump also faces criminal charges in two other cases. He has pleaded not guilty in those and called all the cases against him politically motivated.

A spokesperson for Smith declined to comment on Monday’s ruling. A lawyer for his office told the Supreme Court during arguments that the “absolute immunity” sought by Trump would shield presidents from criminal liability for bribery, treason, sedition, murder and, as in this case, trying to overturn the proper results of an election and stay in power.

During the arguments, justices asked hypothetical questions involving a president selling nuclear secrets, taking a bribe or ordering a coup or political assassination. If such actions were official conduct, Trump’s lawyer argued, a former president could be charged only if first impeached by the House of Representatives and convicted in the Senate — something that has never happened in US history

Bannon begins jail term

Steve Bannon, an influential Donald Trump ally, reported to prison on Monday to serve a four-month sentence after he was convicted for defying a congressional subpoena from the committee that probed the Jan 6, 2021, US Capitol attack.

A defiant Bannon arrived at a low-security federal prison in Danbury, Conn­e­c­t­icut, and spoke to reporters and a cheering group of supporters. He called himself a “political prisoner” and said his right-wing populist followers would spread his message while he served his sentence.

After addressing the cameras, Bannon entered a dark-coloured SUV that turned into the prison complex.

The sentence could keep Bannon imprisoned almost to election day on Nov 5. He was sentenced after being convicted in 2022 of two misdemeanour counts of contempt of Congress. He was charged after he refused to turn over documents or testify to a House of Representatives committee investigating the Jan 6, 2021, Capitol riot.

Published in Dawn, July 2nd, 2024