On July 1, 2024, the Supreme Court of the United States, intentionally destroyed major Constitutional guarantees concerning the limits of Presidential power. This was the result of a decision authored by Chief Justice John Roberts, in the case 23-939 Trump v. United States (07/01/2024).
As shown on the screen, Trump v. United States originated from a grand jury indictment of Trump released on August 1, 2023. The indictment charged that Trump had conspired to overthrow the 2020 election by spreading knowingly false claims of election fraud. This was a criminal charge. On October 5, 2023 Trump moved to dismiss the indictment on the grounds of Presidential immunity. On December 1, 2023, the district court denied the motion on the grounds that there was no immunity for criminal charges. This was a correct interpretation of the law as it stood at that time. It was appealed and the district court action was upheld on February 6, 2024. Trump appealed that decision to the Supreme Court on February 12, 2024.
It is worth pausing a moment here to consider in detail what is going on. What Trump has appealed is not a decision resulting from a trial. It is merely a decision not to throw out the case based on a then erroneous claim of immunity. The Supreme Court has the duty to either agree that the District Court has correctly interpreted the law, or, after hearings of their own, come out with a new and improved interpretation for the District Court to use. As of February, 2024, Trump is NOT in office, but he is running for election in November, and if he wins, he will be in the White House by January 2025, and the justice department, responsible for the prosecution of the case will be his appointees. It is generally assumed, that in that case the Justice department would refuse to continue the prosecution. That is in fact what happened. The point being that if the Supreme Court accepts the case, it is pretty much a foregone conclusion that Trump will go free.
What actually happened was that the Supreme Court agreed to hear the case on February 28, oral arguments were held on April 25, and the decision was issued on July 1, 2024. From there the case went back to the District Court for trial with a new legal interpretation. They still had to decide what actions Trump actually took, whether they actually constituted a conspiracy, whether those actions were private acts or presidential acts, and if presidential, whether the ability to sue because of them would interfere with the President's ability to perform his true duties.
IF, on February 28, 2024, the Supreme Court had refused to take the case, that would have given the District Court another 4 months to work with. In addition, their decision would have been limited to what actions Trump actually took, and whether they actually constituted a conspiracy. It would have been tight, but at least plausible.
Remember, the whole need for Supreme Court intervention hangs on the belief that the President NEEDS and is therefore Constitutionally entitled to at least limited IMMUNITY against prosecution for Criminal Acts. Our Presidents have gotten along for 250 years without needing any such protection. The other side of that immunity is reduced protection for us the citizens. REALLY?
One final point needs to be made. It is at least arguable that the changes made by the Supreme Court would not have helped Trump if he had gone to trial anyway. Total immunity is limited to cases in which the President is executing his “core” duties. “Core” means those constitutionally given to him. The military and foreign relations. Doesn't fit this case. In any other area of activity, immunity still requires that the acts challenged fall under the umbrella of presidential duties. It is hard for me to see that trying to overthrow an election is a presidential duty.
With that said, what actually was accomplished?
Trump escaped all liability for his actions surrounding the 2020 election. AND
All future Presidents are allowed to commit criminal acts in office as long as they involve the military or foreign affairs.
WHY?