James O'Brien 10am - 1pm
Donald Trump hails 'victory for democracy' after Supreme Court rules he has partial immunity from prosecution
1 July 2024, 17:08
Donald Trump has hailed a Supreme Court ruling that he has some immunity from prosecution as a "victory for democracy".
Listen to this article
Loading audio...
The former president, who is chasing a second term this November, said he was "proud to be an American" after the court's decision that former presidents have absolute immunity from prosecution for their official acts, but no immunity for unofficial acts.
Trump is facing charges over his role in the January 6 insurrection in 2021.
He is charged with conspiracy to defraud the US, conspiring against the right of Americans to vote and corruptly obstructing an official proceeding and conspiring to do so.
Despite the 6-3 decision, the court did not say how precisely to apply the ruling, leaving that to the lower courts.
Read more: Joe Biden vows to stay in presidential race as he declares Trump a 'one man crimewave'
Judges must now decide if Mr Trump was acting in an official or non-official capacity on January 6, when he is accused of encouraging his supporters to storm the Capitol.
"BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!"
The three liberal judges on the court all dissented from the majority opinion.
Sonia Sotomayor wrote: "Today's decision to grant former presidents criminal immunity reshapes the institution of the presidency.
"It makes a mockery of the principle, foundational to our constitution and system of government, that no man is above the law."
Ms Sotomayor added: "In every use of official power, the president is now a king above the law." She concluded: "With fear for our democracy, I dissent."
The Republican former president has denied doing anything wrong and has said this prosecution and three others are politically motivated to try to keep him from returning to the White House.
In May, Mr Trump became the first former president to be convicted of a felony, in a New York court. He was found guilty of falsifying business records to cover up a hush money payment made during the 2016 presidential election to an adult film actress who says she had sex with him, which he denies. He still faces three other indictments.
Smith is leading the two federal probes of the former president, both of which have led to criminal charges. The Washington case focuses on Mr Trump's alleged efforts to overturn the 2020 election after he lost to Democrat Joe Biden.
The case in Florida revolves around the mishandling of classified documents. The other case, in Georgia, also turns on Mr Trump's actions after his defeat in 2020.
If Mr Trump's Washington trial does not take place before the 2024 election and he is not given another four years in the White House, he presumably would stand trial soon thereafter.
But if he wins, he could appoint an attorney general who would seek the dismissal of this case and the other federal prosecution he faces. He could also attempt to pardon himself if he reclaims the White House. He could not pardon himself for the conviction in state court in New York.