The Supreme Court Gave Trump a Stunning Gift — and Rewrote the Constitution
PoliticoThe ruling is undeniably a major win for Trump, and has already infuriated many in the legal world, though it was no surprise where this was headed. On a more practical level for the case at hand, the court held that Trump cannot be prosecuted based on his efforts to weaponize the Justice Department to pursue his false claims of voter fraud because he is “absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.” Trump is also “at least presumptively immune” for his alleged efforts to strong-arm then-Vice President Mike Pence into throwing the election to Trump at the electoral certification on Jan. 6, 2021. People demonstrate outside the Supreme Court as they await the court's decision in a case on whether Trump has immunity from criminal prosecution on July 1, 2024. As for the rest of their allegations — including Trump’s effort to pressure Pence, to strong-arm state officials like Georgia Secretary of State Brad Raffensperger and to lie to pretty much anyone within earshot about the election — they should try to present the district court with evidence that criminalizing the particular conduct at issue would not intrude on the authority and functions of the executive branch, properly understood. Earlier this year, we asked whether Americans trusted the Supreme Court to issue a fair and nonpartisan ruling on Trump’s immunity claim, and less than a quarter of them expressed confidence in the court.