Supreme Court weighs Trump’s ‘presidential immunity’ claim. Here’s what that means
The IndependentSign up for the daily Inside Washington email for exclusive US coverage and analysis sent to your inbox Get our free Inside Washington email Please enter a valid email address Please enter a valid email address SIGN UP I would like to be emailed about offers, events and updates from The Independent. In what is setting up to be a landmark ruling from the nation’s highest court, the nine justices will determine if Mr Trump’s attempts to overturn the 2020 presidential election results by making false claims of election fraud, allegedly trying to install fake electors and pressuring former vice president Mike Pence to decertify election results were part of his “official acts” as president, and if those are protected from criminal prosecution. “The President’s absolute immunity extends to all acts within the ‘outer perimeter’ of his duties of office,” the Supreme Court said in Nixon v Fitzgerald. He has warned the Supreme Court that awarding Mr Trump absolute immunity, “would prevent Congress from applying the criminal laws equally to all persons – including the President”. A more complicated ruling, that allows presidents to enjoy some immunity from criminal prosecution, could send a decision back down to lower courts, further delaying Mr Smith’s case against Mr Trump.