Kicked back to lower court to determine as to what is official or unofficial acts. Cannot inquire as to a President's motive.
The Supreme Court Ruling on Presidential Immunity is Made
Snippet of Article: "... 6 to 3 vote. Applies equally to all Presidents. ...A federal grand jury indicted former President Donald J. Trump on four counts for conduct that occurred during his Presidency following the November 2020 election. The indictment alleged that after losing that election, Trump conspired to overturn it by spreading knowingly false claims of election fraud to obstruct the collecting, counting, and certi- fying of the election results. Trump moved to dismiss the indictment based on Presidential immunity, arguing that a President has absolute immunity from criminal prosecution for actions performed within the outer perimeter of his official responsibilities, and that the indict- ment’s allegations fell within the core of his official duties. The District Court denied Trump’s motion to dismiss, holding that former Presi- dents do not possess federal criminal immunity for any acts. The D. C. Circuit affirmed. Both the District Court and the D. C. Circuit de- clined to decide whether the indicted conduct involved official acts. Held: Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclu- sive constitutional authority. And he is entitled to at least presump- tive immunity from prosecution for all his official acts. There is no immunity for unofficial acts. Pp. 5–43. (a) This case is the first criminal prosecution in our Nation’s history of a former President for actions taken during his Presidency. Deter- mining whether and under what circumstances such a prosecution may proceed requires careful assessment of the scope of Presidential power under the Constitution. The nature of that power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office. At least with respect to the ...READ FULL OPINION"
Source: www.supremecourt.gov
No comments:
Post a Comment