Washington, July 2 (Representative) The US Supreme Court said on Monday that former US President Donald Trump can claim immunity from prosecution on election subversion charges as it relates to his official acts as president, although he could still face prosecution for unofficial acts. “Held: Under our constitutional structure of separated powers, the nature of presidential power entitles a former president to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts,” the Supreme Court said in a ruling.Lower courts denied Trump’s motion to dismiss the election subversion indictment against him based on claims of presidential immunity and declined to decide whether the indicted conduct involved official acts. The Supreme Court vacated the rulings and remanded the case.Certain allegations in the case against Trump are readily categorised, while others present “more difficult questions,” the ruling said. The ruling is a “big win” for the US Constitution and democracy, Trump said in a statement via social media platform Truth Social.
The court has recognised presidential immunities and privileges as rooted in the constitutional tradition of the separation of powers and supported by US history, the ruling said. The threat of trial and imprisonment could distort presidential decision-making, the ruling said.Justice Sonia Sotomayor said in a dissenting opinion that the majority’s reasoning could allow a president to assassinate a political rival or launch a coup to retain power using US military forces. “When he uses his official powers in any way, under the majority’s reasoning, he will now be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organises a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune,” the dissenting opinion said.The immunity recognised by the court extends to the “outer perimeter” of the president’s official responsibilities, covering actions so long as they are not “manifestly or palpably” beyond the authority of the office, the ruling said.