In a stunning decision, the U.S. Supreme Court grants former President Trump substantial protection from prosecution for activities he took while in office. Presumptive immunity for official acts and absolute immunity for "core constitutional powers" was created by the court in a 6-3 ruling, however, personal misbehavior charges against presidents remain.

The decision is a result of a criminal indictment against Trump for allegedly attempting to rig the 2020 presidential election outcomes. To determine whether Trump's conduct was within the purview of his official duties and, therefore, exempt from prosecution, the court has now referred the matter back to the district judge.

Court grants former President Trump
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Writing for the conservative majority, Chief Justice John Roberts stressed the necessity to safeguard the operations of the executive branch and the president's capacity to fulfill his constitutional duties free from the fear of criminal prosecution. The prosecution of a former president for official activities, the court reasoned, could have a chilling effect and sabotage the smooth transition of power.

The judges did clarify, though, that presidents are not completely immune from consequences for their conduct. According to the court, presidents who engage in "unofficial" behavior beyond the bounds of their constitutional authority may nevertheless be held legally responsible. Because of this distinction, prosecutors must show that some of Trump's acts do not fall under the purview of his official duties.

The district judge will now need to carefully review the charge to decide whether claims are protected by immunity, which means that the trial of Trump on charges of election interference is likely to be postponed until after the 2024 presidential election. Before the trial begins, Trump's legal team has already stated that they want to fight any immunity orders to seek additional postponements.

The liberal justices of the court have criticized the ruling, claiming that the majority's strategy runs the risk of weakening legality and accountability. In her dissenting opinion, Justice Sonia Sotomayor expressed concern that the decision would encourage future presidents to act improperly because they would feel safe in the knowledge that they might not face consequences.

Trump, who has long argued that his actions related to the 2020 election were within the bounds of his presidential authority, has gained a substantial victory with the Supreme Court's decision. The fact that the case was remanded to the district court, however, indicates that the prosecution still has a difficult road ahead of them in determining which of Trump's actions are official and which are not.

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