Trump celebrates and Biden pouts over US Supreme Court presidential immunity ruling

In a much-anticipated decision, the US Supreme Court has dramatically expanded executive power by granting presidents absolute immunity from prosecution for "official acts," actions taken as part of their official duties.

To get more specific, the ruling states that a former US president, such as Donald Trump, has the right to "absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority." However, for "unofficial acts," the president is not above the law.

Donald Trump responded to the ruling with enthusiasm, stating on Truth Social in all capital letters: "BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!" In a separate post, he said the ruling "should end all of Crooked Joe Biden's witch hunts against me."

President Joe Biden expressed concern in his Monday evening address, stating that it was one of the "darkest days" in American history. “This decision undermines the rule of law and is a terrible disservice to Americans,” he said.

The current US President added that it sets a "dangerous precedent" as it "almost certainly means that there are virtually no limits to what the president can do." He also warned that Trump would be "even more emboldened to do whatever he pleases."

While the Supreme Court's ruling was related to Donald Trump's criminal trials, the justices did not rule on whether parts of his conduct during the Jan. 6 United States Capitol attack were protected as an "official act." It is now up to District Judge Tanya Chutkan—who is overseeing Trump's Jan. 6 case—to decide.

However, Chief Justice John G. Roberts Jr., who wrote the majority decision, did specify some parts where the court decided Trump had immunity. First, he said Trump is "absolutely immune" from prosecution related to discussions with Justice Department officials. He added that the former president is also "at least presumptively immune," over alleged attempts to pressure Mike Pence to not certify electoral college votes.

The New York Times reports that the ruling around Jan. 6 "will almost certainly be pushed back until after the November election." At the same time, if Trump wins, the influential daily reports that the Justice Department is likely to drop the case entirely.

Given that voters are not likely to have a legal ruling about Jan. 6 before Nov. 5, Biden says the ball is now in the court of the people. "Now the American people will have to do what the court should have been willing to do, but would not... render a judgment about Donald Trump's behavior."

The Supreme Court, dominated by a conservative supermajority, argued that the US president is more than a regular individual but instead a "branch of government." Therefore, ensuring this protection ensures "that the president may exercise those powers forcefully, as the framers anticipated he would" and preserves the structure of the Constitution, wrote Roberts.

“In every use of official power, the president is now a king above the law," wrote dissenting judge Justice Sonia Sotomayor. “The relationship between the president and the people he serves has shifted irrevocably."

Sotomayor continued her warning, saying the Supreme Court's message is: "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."

Sotomayor discussed how she thinks the majority decision could play out in "nightmare scenarios." "Orders the Navy’s SEAL Team 6 to assassinate a political rival? Immune. Organizes a military coup to hold on to power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune.”

In response, Chief Justice Roberts accused his fellow justice of "fear-mongering on the basis of extreme hypotheticals." He said the dissenting judges were ignoring a “more likely prospect of an executive branch that cannibalizes itself, with each successive president free to prosecute his predecessors, yet unable to boldly and fearlessly carry out his duties for fear that he may be next.”

As the New York Times reports, this ruling escalates the long rise of presidential power, which began in the mid-20th century, paused briefly in the 1970s with Watergate, the Vietnam War, and domestic intelligence abuses but picked up again with the Reagan administration.

This Supreme Court ruling comes as another major blow to US President Joe Biden less than a week after his poor debate performance on Thursday. However, according to polling organization 538, the presidential race remains tight and Trump has only the slightest lead over his opponent.

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