July 23, 2024

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The Supreme Court partly agrees with Trump on immunity: The president has immunity for his actions within his office

The Supreme Court partly agrees with Trump on immunity: The president has immunity for his actions within his office

The US Supreme Court has ruled that Donald Trump enjoys a certain degree of immunity for actions he took during his presidency. Three types of actions are clearly distinguished.

Trump enjoys “absolute immunity” for actions he committed while president. This applies to actions that fall exclusively within his constitutional powers. This power includes, among other things, the right to pardon a person or the right to form his government. According to the court, this immunity is necessary to prevent the president from having to worry unnecessarily about the potential harm that a decision might cause.

Actions taken by the President during official occasions are at least a “presumption of immunity.” The court also added attempts to pressure his deputy, Mike Pence, not to certify the results of the 2020 elections in Congress.

Then, the court is also clear about unofficial acts or acts. In this case, the president, including Donald Trump, does not enjoy immunity.

The court now sends the case back to the Washington court, which must determine whether Trump acted officially as president or committed unofficial acts during the storming of the Capitol and the rally that preceded it. There is little chance the court will make a decision before the presidential election on Nov. 5.

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