United States: The Supreme Court ruled that former President Trump is protected from being charged for asking Vice President Mike Pence to change the results of the 2020 presidential election. This decision means Trump’s actions before January 6th, 2021, need to be reviewed by a lower court to see if they are protected by his presidential powers.
Allegations of Election Interference
Trump is actually accused of attempting to “ enlist” his vice president to fraudulently alter the elections results” in the seven key swing states.
In the information reported by ‘The Hill’ in which the Roberts wrote that whenever the president and the vice president are discussing the official responsibilities, they are engaging in the official conduct and the presiding over the certification of the presidential election results in a constitutional and statutory duty of the vice president.
Judicial Opinions and Immunity
“The indictment’s allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification proceeding thus involve official conduct, and Trump is at least presumptively immune from prosecution for such conduct,” Roberts wrote.
Thought the chief justice left open the question of whether Trump’s specific conduct remains immune or can say safe from the criminal prosecution and leaving it for lower courts to decide the decision.
Further Legal Decisions Pending
Whether a swath of other allegations are totally shielded by the presidential immunity and must also be decided by the lower courts which includes the Trump’s interactions with state officials, a private parties and the general public. However, the justices already determined that some of the allegations fall squarely in the Trump’s official duties and are covered by absolute immunity.
Presidential Immunity and Prosecution
From the past time executive branch has “exclusive authority and absolute discretion” to decide which crimes to investigate and prosecute, Trump is immune from criminal prosecution on those actions.
“The President cannot be prosecuted for conduct within his exclusive constitutional authority. Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” Roberts wrote.
He faces four counts in his federal election subversion case and has pleaded not guilty.
