On July 1, 2024, the U.S. Supreme Court handed down a landmark decision granting Donald Trump partial immunity from special counsel Jack Smith’s election subversion case, handing the former president a significant win during his reelection bid.
“The president is not above the law,” Roberts wrote for the conservative majority. “But Congress may not criminalize the president’s conduct in carrying out the responsibilities of the executive branch under the Constitution.”
What will happen to the cases against Trump because of this decision?
Special Counsel Smith’s case now returns to lower courts, which must review the specific steps Trump took to overturn the results of the 2020 election and whether those actions were official, and therefore receive immunity, or private, and do not.
The Supreme Court ruled that for “core” presidential activity, Trump has the absolute immunity he had sought. The majority said that Trump’s conversations with the Justice Department – his efforts to try to get officials on board with his effort to overturn the election – were covered with absolute immunity.
For other official actions and more routine powers held by the president, the court said there is at least some immunity and it largely deferred to lower courts to sort that out. That’s a process that could take weeks or even months.
The analysis about what’s immune and what isn’t “ultimately is best left to the lower courts to perform,” Roberts wrote.
Perhaps even more important, the majority made clear that official acts cannot be considered at all as evidence in a potential trial, which could make it much harder for Smith to prevail.
What is the minority view of the 3 Justices on this case?
In an unsparing dissent, Justice Sonia Sotomayor said the Supreme Court allowed a president to become a “king above the law” in its ruling that limited the scope of criminal charges against former President Donald Trump for his role in the Jan. 6, 2021 riot at the U.S. Capitol and efforts to overturn the election.
She called the decision, which likely ended the prospect of a trial for Trump before the November election, “utterly indefensible.”
“The court effectively creates a law-free zone around the president, upsetting the status quo that has existed since the founding,” she wrote. She was joined by liberal justices Elena Kagan and Ketanji Brown Jackson, who wrote another dissent referring to the ruling’s consequences as a “five alarm fire.”
Sotomayor read her dissent aloud in the courtroom, with a weighty delivery that underscored her criticism of the majority. She strongly pronounced each word, pausing at certain moments and gritting her teeth at others.
“Ironic isn’t it? The man in charge of enforcing laws can now just break them,” Sotomayor said.
What is the effect of this ruling on the Election 2024?
Donald Trump can delay the sentencing of his case in New York. His other cases may be pushed through after November election. If he wins the election he can order the Department of Justice to terminate all cases against him. He promised to be a “Dictator” from day one of his becoming president. He promised to deport all undocumented persons in the United States.
What are the immigration consequences of Trump winning the election?
Many court cases will be on a fast track to removal of persons without relief. There will be strict implementation of ICE going after undocumented in the communities and the workplace.
What should immigrants do to prepare for this possible scenario?
Immigrants should work hard together to prevent a Trump victory. They should contact their friends and relatives and members in their communities to vote for the candidate who can help them in their immigration situation.
Note: This is not a legal advice.
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