5 key details in special counsel Jack Smith's Trump election case filing
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The Supreme Court shattered Donald Trump’s prosecution on charges he sought to subvert the 2020 election, ruling 6-3 Monday that former presidents enjoy sweeping immunity for their acts while in office. The president “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 court, joined in whole or part by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. But “the President enjoys no immunity for unofficial acts, and not everything the President does is official,” Roberts wrote. The court on its own threw out parts of the prosecution’s case against Trump, including on his alleged efforts to use the Justice Department to advance his claims of election fraud and submit slates of false electors to replace those President Biden won. “The President may discuss potential investigations and prosecutions with his Attorney General and other Justice Department officials to carry out his constitutional duty,” Roberts wrote. “Trump is therefore absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials,” including his threat to remove acting Attorney General Jeffrey Rosen, Roberts wrote.
For other allegations, the court instructed the trial judge to review Trump’s indictment for charges that must be dismissed because they are based on his official acts, apparently before proceedings could begin on whatever remains, if anything, of the case. The liberal dissenters could barely contain their outrage. The decision “makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law,” Justice Sonia Sotomayor wrote, joined by Justices Elena Kagan and Ketanji Brown Jackson. “With fear for our democracy, I dissent,” she wrote.
The decision effectively gave Trump nearly everything he could have hoped for, a victory he quickly celebrated. “Big win for our Constitution and democracy. Proud to be an American!” Trump, using all capital letters, wrote on his social-media platform. Even for parts of the case that remain, the court added so many new conditions for prosecutors that it would likely be virtually impossible to hold a trial before Election Day.
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