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The United States Supreme Court has for the first time recognised that former presidents have immunity from prosecution for certain actions taken in office, as it threw out a judicial decision rejecting Donald Trump’s bid to shield himself from criminal charges involving his efforts to undo his 2020 election loss.
The court on Monday ruled 6-3 that while former presidents enjoy immunity for actions they take within their constitutional authority, they do not for actions taken in a private capacity.
The ruling marked the first time since the nation’s 18th-century founding that the Supreme Court has declared that former presidents may be shielded from criminal charges in any instance.
The decision will boost Trump’s defence against federal charges over his efforts to overturn the 2020 vote, which he lost to President Joe Biden. It could also affect similar state-level election interference charges in Georgia.
Chief Justice John Roberts announced the landmark decision on behalf of the court’s six-justice conservative majority. The court’s three liberal justices dissented.
The Supreme Court justices argued that enabling the prosecution of former presidents over their official acts in office could open the door for political retribution and despotism.
“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,” the court wrote.
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