Court Rules: Ex-Presidents Have Absolute Immunity From Prosecution For Acts While In Office

Monday, July 1, 2024, 11:30 A.M. ET. 2 Minute Read, By Jennifer Hodges: Englebrook Independent News,

WASHINGTON, DC.- Today, the U.S. Supreme Court ruled in a 6-3 decision in the case of Trump v. United States that a former president has absolute immunity from prosecutions for acts while in office, but limited immunity for unofficial acts.

     In the decision, the Court remanded the case back down to the lower court, as the justices did not apply the ruling directly to whether former President Trump is immune from prosecution regarding efforts to overturn the results of the 2020 election.

     The ruling in the case arose from Trump’s appeal from Special Counsel Jack Smith’s federal election interference case in which Smith charged former President Trump with Conspiracy to Defraud the United States; Conspiracy to Obstruct an Official Proceeding; Obstruction and Attempt to Obstruct an Official Proceeding; and Conspiracy Against Rights.

     The charges stem from Special Counsel Jack Smith’s investigation into whether former President Trump was involved or was the cause of the January 6, 2021, Capitol riot and any election interference in the results of the 2020 election.

     Following pleading not guilty on Smith’s indictment, Trump argued that he should be immune from official acts in the official capacity as president. 

     Monday’s ruling will give way for the lower court to decide whether Trump acted as President or as a candidate leading up to and following the events of the January 6, 2021 riot. The question that now comes into play is whether Trump who did not officially leave office until January 20, 2021, is immune from prosecution.

     No matter the decision of the lower court, today’s ruling will surely guarantee that Smith’s case will not go to trial before the November 5, 2024 Election.

     This is a developing story and will be updated: