Biden weighs in on ‘dark’ Trump Supreme Court immunity ruling
Former President Donald Trump has been spending most of his free time in courtrooms rather than on the campaign trail in hopes of rectifying his more than 30 pending criminal charges. But the Supreme Court ruled that the leader could be legally immune from official actions taken while in office but not for unofficial conduct on July 1, leaving lower courts to evaluate whether Trump can be held accountable for measures taken surrounding the January 6 Capitol insurrection.
After the decision came down, Trump posted in all-caps “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!” on his social media.
Many of his followers celebrated the announcement and regarded the decision as a chance for the former leader to return to power in the Oval Office. U.S. District Judge Tanya Chutkan will now preside over the case and assess the extent of presidential protections.
“This decision today has continued the Court’s attack in recent years on a wide range of long-established legal principles in our nation, from gutting voting rights and civil rights to taking away a woman’s right to choose to today’s decision that undermines the rule of law of this nation,” Biden shared from the White House during prepared remarks.
He cited the ruling as, “one of the darkest days in American history.”
Biden is not alone in this sentiment.
“The indictment paints a stark portrait of a president desperate to stay in power,” Justice Sotomayor wrote in dissent.
“It is alleged that he went so far as to threaten one state election official with criminal prosecu- tion if the official did not ‘find’ 11,780 votes Trump needed to change the election result in that state,” she continued.
Later on, she wrote, “In every use of official power, the president is now a king above the law. With fear for our democracy, I dissent,” words repeated verbatim by Biden during his statement of disapproval.
However, conservative justices adamantly argued a decision of this magnitude could negatively impact precedent for future presidents. Conservative Justice Clarence Thomas concurred with the court’s decision proclaiming such an act could “threaten our constitutional order.”
“To conclude otherwise would hamstring the vigorous Executive that our Constitution envisions,” Thomas wrote, while agreeing with an earlier Scalia dissent in an earlier case that said: “While the separation of powers may prevent us from righting every wrong, it does so in order to ensure that we do not lose liberty.”
Nonetheless, legal analysts have doggedly pursued Trump and his cohorts for acting as if they are above the law. Just one day after the trial, former New York City mayor—and Trump’s former lawyer—Rudy Giuliani was disbarred from practicing law in the state for perpetuating false claims pertaining to the 2020 election. In Georgia, Trump alongside a group of 18 others are facing charges under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Trump currently charts in history as the first to have held the presidency and faced prosecution. But yesterday’s decision could effectively shield him from further repercussions in legal jurisdictions across the country.
“Stated simply, the Court has now declared for the first time in history that the most powerful official in the United States can (under circumstances yet to be fully determined) become a law unto himself,” Justice Ketanji Brown Jackson wrote, while also mentioning it “breaks new and dangerous ground.”
Now, Special Counsel Jack Smith, who is prosecuting Trump for fraudulent 2020 election claims, must carefully navigate allegations deciphering between official and unofficial acts. Judge Chuktan says she will give both the defense and prosecution teams three months to prepare for trial. A date has yet to be set.
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