America has long been dogged by the legal conundrum: are U.S. presidents immune from criminal and civil proceedings?
The U.S. Supreme Court has ruled that American Presidents cannot be prosecuted for crimes committed while performing official duties.
The decision in the country’s highest court means Donald Trump is unlikely to face charges for allegedly attempting to overthrow the 2020 U.S. election.
Trump’s lawyers argued the former U.S. President was entitled to presidential immunity during his time in office — a rare protection that shields individuals from legal action.
Immunity
Immunity may be granted to individuals like diplomats or government officials. A person with immunity cannot be prosecuted for certain criminal offences.
King Charles III, the Commonwealth’s head of state, is immune from civil and criminal proceedings. However, the U.S. Constitution does not explicitly grant immunity to its head of state, the President.
Since the U.S. broke away from British rule in 1776, courts and Congress have debated if presidents should be immune from legal proceedings.
Trump
Former President Donald Trump faces four separate sets of criminal charges. One case relates to secret White House documents allegedly found at his Florida home, Mar-a-Lago.
Earlier this year, he was found guilty of falsifying business records to cover up hush money paid to adult film star, Stormy Daniels.
The other two other cases relate to Trump’s alleged efforts to overturn his 2020 election loss to Joe Biden.
After losing the 2020 election, Trump was accused of spreading false claims and obstructing the transition of power to President Joe Biden.
Trump’s lawyers said he was immune from criminal prosecution because he was President at the time he committed the alleged offences.
The matter was escalated to America’s highest court, the Supreme Court.
Ruling
The court found Presidents have “presumptive immunity” for official actions, but not for “unofficial actions” — personal matters and private behaviour.
This means Trump can still face trial, as the ruling was sent back to a lower court for further proceedings.
However, legal experts said the decision will likely delay Trump’s trials further. If Trump wins the 5 November election, he could force the charges against him to be dropped.
Supreme Court
The Supreme Court’s decision was split 6-3 between conservative and liberal justices.
Three of the six conservative justices were appointed during Trump’s presidency.
One of the liberal justices was appointed under Biden.
Justice Sonia Sotomayor voted against “presumptive immunity,” saying: “The President is now a king above the law.”
She noted the U.S. President is possibly the most powerful person in the world.
“When he uses his official powers in any way… he now will be insulated from criminal prosecution. Orders [the military] to assassinate a political rival? Immune. Organises a military coup to hold on to power? Immune. Takes a bribe in exchange for a pardon? Immune.”
Response
In a post to his social media platform Truth Social, Trump called the Supreme Court ruling a “big win for our constitution and democracy.”
President Joe Biden responded to the decision. He said: “This nation was founded on the principle that there are no kings in America”.
Biden warned a ruling in favour of presidential immunity sets “a dangerous precedent.”
