The Supreme Court dealt a major blow to the prosecution of Donald Trump on charges he sought to subvert the 2020 election, ruling 6-3 Monday that former presidents enjoy broad immunity for their acts while in office.
The president “cannot be prosecuted for exercising his basic constitutional powers, and is entitled, at a minimum, to presumptive immunity from prosecution for all his official acts,” Chief Justice John Roberts wrote for the court , fully or partially united. by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
But “the president does not enjoy immunity for unofficial acts, and not everything the president does is official,” Roberts wrote.
The court single-handedly rejected parts of the prosecution's case against Trump, including his alleged efforts to use the Justice Department to advance his claims of voter fraud and submit lists of fake voters to replace those who won the election. President Biden. “The president may discuss potential investigations and prosecutions with his attorney general and other Justice Department officials to fulfill his constitutional duty,” Roberts wrote.
“Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” including his threat to remove acting Attorney General Jeffrey Rosen, Roberts wrote.