It is a fundamental principle of our nation that no one—including the president—is above the law.
My constitutional amendment will reverse the Supreme Court's disastrous decision which undermines the very foundation of our sacred democracy. https://t.co/Jy07tOgiE3
— Joe Morelle (@RepJoeMorelle) July 7, 2024
The Supreme Court’s recent decision granting former presidents broad immunity from prosecution has shifted key rulings to the trial court. This will determine how much of Donald Trump’s indictment on election charges can proceed. Judge Tanya S. Chutkan, who is overseeing the criminal prosecution of Trump for allegedly plotting to overturn the 2020 election, will need to review the 45-page indictment carefully.
“What this Supreme Court has done, not just for the presidential power but for its own power, is big,” @JoanBiskupic said on the latest episode of @washingtonweek. @danbalz, @JanCBS, and @charlie_savage also join @JeffreyGoldberg to discuss this and more: https://t.co/PPuBu0A7ys
— Tom Nichols (@RadioFreeTom) July 7, 2024
Judge Chutcan must decide which allegations can move forward and which must be dismissed based on the Supreme Court’s ruling. The high court has suggested that Trump might not face prosecution for statements made during his speech to supporters on January 6, 2021.
The “incoherent” presidential immunity decision from #SCOTUS is “one of the worst decisions in all of constitutional history,” says top legal scholar @AkhilAmar94. A decision so awful, it renders the “Constitution itself unconstitutional.” #Velshihttps://t.co/4FqGTDAt30
— Ali Velshi (@AliVelshi) July 7, 2024
However, the ruling also states that while former presidents are protected against accusations stemming from their core constitutional duties, they can be prosecuted for unofficial acts performed in office. This complex decision presents a challenging task for Judge Chutkan.
Deciding on Trump’s immunity claims
She must evaluate whether the allegations against Trump involve official or unofficial acts. The Supreme Court clarified that Trump is presumptively immune from prosecution for all official acts. Still, prosecutors can overcome this presumption if they demonstrate that charging Trump for specific actions would not intrude upon the authority and functions of the executive branch. It remains unclear when Judge Chutkan will begin her review of the indictment.
Though somewhat unclear, the Supreme Court provided some guidance on how she should approach the issues arising from its decision. The indictment filed against Trump by Special Counsel Jack Smith in Washington accuses the former president of employing five principal methods to undermine the 2020 election results. The specifics of these accusations and how they relate to Trump’s actions as both official and unofficial duties will be critical points in Judge Chutkan’s forthcoming decisions.
As the case progresses, the trial court will play a crucial role in determining the extent of Trump’s immunity and the scope of the charges he will face about his alleged efforts to overturn the 2020 election. The outcome of these decisions will have significant implications for the future of the case and the accountability of former presidents.
