The ruling defines that presidents need immunity for their official acts, but that not all acts have that classification. Refers the decision on applicability to the lower courts.
The United States Supreme Court ruled this Monday that presidents have right to immunity relating to court cases involving actions taken as official acts. The decision covers Donald Trump as a former president, but emphasizes that not all acts taken by the president are official acts and refers the classification of acts taken by Trump, regarding the invasion of the Capitol, to lower courts.
Supreme Court Chief Justice John Roberts concluded in the ruling that presidents need immunity for their official acts. “We conclude that, under our constitutional structure of separate powers, the nature of presidential power It requires that a former president have some immunity from criminal prosecution. “for official acts during his term in office,” Roberts wrote. “At least with respect to the president’s exercise of his fundamental constitutional powers, this immunity must be absolute.”
Nevertheless, not everything is official. “The President does not enjoy immunity for his unofficial acts and not everything the President does is official. President not above the law“Roberts wrote. “But Congress may not criminalize the president’s conduct in the exercise of his executive responsibilities under the Constitution.”
Roberts said it is up to the lower courts to evaluate which of Donald Trump’s alleged conduct qualifies for immunity, according to the new test established by the high court. “We remand the case to the District Court to determine, in the first instance – with the benefit of the information we lack – whether Trump’s conduct in this area qualifies as official or unofficial,” Roberts wrote.
Trump does not have presidential immunity in 2020 election interference lawsuit
The US judge considers that “factual analysis” was lacking in previous lower court decisions that rejected Trump’s immunity. In February, the U.S. Federal Court of Appeals rejected Trump’s immunity requests that would prevent him from being criminally charged for allegedly attempting to overturn the results of the 2020 presidential election.
Source: Observadora
