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BREAKING: Supreme Court rules Trump has some immunity from prosecution, sends Jan. 6 case to lower court – LifeSite

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(LifeSiteNews) — In perhaps its most consequential ruling of its current session, the U.S. Supreme Court has ruled that former presidents – including former President Donald J. Trump – have “absolute immunity” from prosecution regarding their core constitutional powers, but that they are not entitled to immunity for actions undertaken in private.

The court ruled broadly that “under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts. That immunity applies equally to all occupants of the Oval Office.”

In its 6-3 decision splitting along ideological lines, the court sent the case at issue back to Federal District Court Judge Tanya Chutkan to sort out which actions of Trump surrounding the events of January 6, 2021, were official and which were unofficial.

“We conclude that under our constitutional structure of separated powers, the nature of presidential power requires that a former president have some immunity from criminal prosecution for official acts during his tenure in office,” said Chief Justice John Roberts, writing for the majority. “At least with respect to the president’s exercise of his core constitutional powers, this immunity must be absolute.”

Roberts noted, however, that not everything a president does while in office is official, saying, “The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law.”

“But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution,” he re-emphasized.

Justice Sonia Sotomayor issued a searing dissenting opinion displaying outrage:

Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today. Even if these nightmare scenarios never play out, and I pray they never do, the damage has been done. The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law.

Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.

Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends. Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today.

The ruling is expected to delay the federal trial in the case against Trump brought by special counsel Jack Smith.

“The rule of law was vindicated today because the Constitution – the Supreme Law of the Land – separates the branches and vests all executive power in the President,” wrote Roger Severino, attorney and vice president of domestic policy at the Heritage Foundation.

“The ridiculous left wing lawfare against Trump has moved us into banana republic territory but this decision takes us part way back to the rule of law.”

Legal authority Julie Kelly said on X that the court’s majority “notes the chilling consequences of Jack Smith’s J6 indictment against Donald Trump.”

Commentator Rogan O’Handley went further: “Jack Smith has once again been shut down by SCOTUS for being a Democrat hit man. Trump is innocent.  Biden’s political show trial is almost completely neutered.”

Donald Trump Jr. also took to social media saying that the court’s ruling is “solid,” but added, “I’m sure the corrupt prosecutors and DC judge will work overtime to continue their lawfare. It’s all they have left.”

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