FACT CHECK: Biden’s 5 Lies About the Supreme Court’s Ruling on Trump’s Immunity

On Monday, President Biden delivered a surprise four-and-a-half minute address condemning the Supreme Court’s decision in Donald Trump v. The United States released that morning.

Biden began his address by stating that no one, not even the president, “is above the law,” but then falsely asserted that “with today’s Supreme Court decision on presidential immunity—that fundamentally changed.”

1. ‘Virtually No Limits’

“For all…for all practical purposes, today’s decision almost certainly means that there are virtually no limits on what a president can do,” Biden claimed.

This accusation is objectively false.

2. ‘Self-Imposed Limits’

Biden further claimed that “the power of the office will no longer be constrained by the law, even including the Supreme Court of the United States. The only limits will be self-imposed by the president alone.” He later reiterated this claim, stating “the law would no longer” define “the limits of the presidency.”

This is objectively false.

3. Attacks on ‘Long-Established Legal Principles’

Biden continued by characterizing Monday’s decision as what he considers to be a trend of “attacks” on a “wide range of long-established legal principles in our nation, from gutting voting rights and civil rights, to taking away a woman’s right to choose, to today’s decision, that undermines the rule of law in this nation.” granting presidents immunity from prosecution for their official acts clearly falls within the Supreme Court’s precedents and does not constitute a reversal from “long-established legal principles.” As Chief Justice Roberts wrote in his opinion, the U.S. “has never before needed an answer” to the question of when a former president may “be prosecuted for official acts taken during his presidency.”

4. Sending ‘a Violent Mob’

Biden accused Trump of sending “a violent mob to the U.S. Capitol to stop the peaceful transfer of power.”

Two tweets on Jan. 6, 2021, counter this claim, showing Trump calling for protesters to remain “peaceful” and to “support our Capitol Police and Law Enforcement.”

5. ‘I Will Respect the Limits’

“I know I will respect the limits of the presidential powers as I have for the last three-and-a-half years, but any president—including Donald Trump—will now be free to ignore the law,” he added. He closed by echoing Justice Sonia Sotomayor’s dissension, suggesting that the president is now a “king” and “above the law.”

Biden has not respected the limits of presidential power, however, and the Supreme Court has called him out on it, proving that the president is not a king.

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