The Supreme Court ruled on Monday that former President Donald J. Trump is entitled to some level of immunity from prosecution, a decision that may effectively delay the trial of the case against him on charges of plotting to subvert the 2020 election.
The vote was 6 to 3, dividing along partisan lines.
Chief Justice John G. Roberts Jr., writing for the majority, said Mr. Trump had immunity for his official acts.
“The president is not above the law,” the chief justice wrote. “But Congress may not criminalize the president’s conduct in carrying out the responsibilities of the executive branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent executive. The president therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts.”
In dissent, Justice Sonia Sotomayor wrote that the decision was gravely misguided.
“Today’s decision to grant former presidents criminal immunity reshapes the institution of the presidency,” she wrote. “It makes a mockery of the principle, foundational to our Constitution and system of government, that no man is above the law.”
The justices said there was a crucial distinction between official and private conduct and returned the case to the lower courts for additional analysis.
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Source: Elections - nytimes.com
