The Supreme Court has concluded that the president of the United States is above the law — at least sometimes.
Yesterday, the court issued a ruling in Trump v. United States. The case sought to determine whether prosecutors could seek charges against Donald Trump for trying to overturn the 2020 election or if he was immune from prosecution because he was president at the time. But the Supreme Court’s actual decision went beyond Trump.
The court ruled that presidents are presumed to be shielded from prosecution for official acts. That includes policy changes, military decisions and discussions with other administration officials. It doesn’t include, for example, private acts taken exclusively as a political candidate.
On specific legal questions concerning Trump’s role in election interference and the Jan. 6 Capitol riot, the Supreme Court was less clear. It largely punted to the judge in the federal case to decide which of Trump’s actions qualify as an official act or a private one. “That analysis ultimately is best left to the lower courts to perform in the first instance,” Chief Justice John Roberts wrote. (Read highlights from the court’s opinions.)
The practical effect is that the decision will delay Trump’s election interference trial — reducing the chances that it will happen before Election Day in November, if it happens at all.
Today’s newsletter will explain what this new precedent means for Trump, and how it may reshape presidential power for years to come.
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