The United States Supreme Court ruled Monday that former President Donald J. Trump cannot be prosecuted for official acts he ordered while in office. “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,” Chief Justice John Roberts wrote for the majority in a six to three decision.
According to the majority opinion, the Court of Appeals for the D. C. Circuit’s prior ruling that Trump is not protected by presidential immunity is vacated. Chief Justice Roberts ordered the case remanded back to the lower court for additional proceedings instructed by the ruling.
“In dividing official from unofficial conduct, courts may not inquire into the President’s motives,” Roberts wrote. He continued: “Such an inquiry would risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose, thereby intruding on the Article II interests that immunity seeks to protect.”
The Chief Justice added further instruction for the appeals court: “Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.”
The ruling now places the burden on Biden Department of Justice (DOJ) special counsel Jack Smith to prove that former President Trump‘s challenge to the 2020 presidential election results was outside his official capacity as the nation’s chief executive. Further, the Supreme Court ruled that Trump’s alleged personal motivations do not determine whether he acted in an official capacity or not.
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