Trump wins as top court deals blow to Jan 6 case.

Trump wins as top court deals blow to Jan 6 case.

The former president’s comments on 6 January 2021
The former president’s comments on 6 January 2021

Not long after the Supreme Court ruled on his presidential immunity claim, Donald Trump turned to social media to express his joy. Posting on Truth Social, he celebrated, stating, "Big win for our constitution and democracy." Trump, proud of his American identity, did not secure all the protections he aimed for with his legal team. Nevertheless, he obtained sufficient measures to postpone another trial until after the upcoming November election.

The decision made by the six conservative justices has severely impacted the federal criminal case against him, which involves charges related to his alleged efforts to overturn the 2020 election results. Special Prosecutor Jack Smith and his team will need to make significant adjustments to their case against the former president, including the evidence they rely on, if they wish to proceed. 

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The trial has been halted pending this ruling. The 6-3 decision on Monday ensures that any resulting prosecution will be postponed well beyond the upcoming presidential election in November, as the trial court navigates the Supreme Court's instructions.

Effectively, the six conservative justices have established a very challenging requirement for Mr. Smith and his team to fulfill. The court ruled that Trump is completely immune for official actions as president that are linked to his fundamental constitutional responsibilities. This encompasses his discussions with Department of Justice officials regarding claims of election fraud. Consequently, that aspect of the indictment against Trump is essentially nullified. Furthermore, the six justices indicated a presumption of immunity for all other official actions. 

Protesters gathered outside the Supreme Court as the decision was read on Monday
Protesters gathered outside the Supreme Court as the decision was read on Monday

In practical terms, this implies that prosecutors will face significant obstacles in pursuing a case against Trump. Nevertheless, the court clarified that presidents are not immune for non-official activities. Chief Justice John Roberts, in his statement, applied this criterion specifically to the former president, which could be particularly detrimental to the prosecution in the election interference lawsuit. 

Trump's efforts to influence Vice President Mike Pence against certifying Joe Biden's election win – a crucial element of Jack Smith's case – fall under the category of official actions subject to this heightened legal standard. Additionally, the former president's remarks on January 6, 2021, which are alleged to have instigated the Capitol assault, are also likely to be classified as official actions.

Trump win as top court deals blow to Jan 6 case1

Chief Justice Roberts stated that the testimony or private records of the president or his advisors cannot be presented in court, significantly restricting the evidence prosecutors can use to bolster their arguments, even in cases involving non-official actions.

Trump's interactions with private individuals will need to be assessed by the court to determine if they constitute unofficial actions. Justice Roberts justified the necessity of broad immunity for official actions by presidents, citing the potential distortion of decision-making caused by the threat of criminal prosecution and the negative public perception associated with such proceedings. 


While emphasizing that the president is not exempt from the law, he pointed out that Congress cannot criminalize the president's actions when fulfilling executive branch duties as outlined in the Constitution.

When the ex-president and his team viewed the decision as a win for American democracy, the three liberal justices on the court had a contrasting perspective. Justice Sonia Sotomayor cautioned that the president now holds unchecked power, above the law, in her dissenting opinion. She outlined various scenarios where presidents would be immune from prosecution, like authorizing the assassination of a political opponent, accepting bribes for pardons, or orchestrating a coup to retain power. 

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"Immune," she emphasized. "Immune, immune, immune." Expressing concern for democracy, she concluded, "I dissent." The Supreme Court has returned the election interference case to a lower court judge for further consideration. The judge will need to implement the specifics of the ruling, subject to potential appeals and reviews, a process that may extend over months or even years. Should Trump secure the presidency in November, his Justice Department appointees could opt to close the case entirely.

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