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By Mae Slater on
 July 2, 2024

Justice Barrett Dissents in Supreme Court’s Trump Decision

The U.S. Supreme Court made a pivotal decision on Monday regarding the scope of presidential immunity.

Newsweek reported that the Court ruled 6-3 that while former presidents have immunity from criminal prosecution for official acts, they do not for unofficial acts. Justice Amy Coney Barrett partially broke from the majority opinion. She sided with the dissenting justices on one key element of the ruling.

The highly-anticipated decision came more than nine weeks after oral arguments and was the final ruling of the term. The ruling overturned a February appeals court decision that had rejected Trump's claims of immunity.

The U.S. Circuit Court of Appeals for D.C. had found that immunity does not extend to Trump as he is no longer president. This echoed an earlier decision by District Judge Tanya Chutkan in denying Trump's request for immunity.

Trump had argued that presidential immunity shields him from prosecution for all acts related to his presidency. This claim was evaluated amidst his facing multiple criminal charges.

Barrett's Concurring Opinion Highlights Disagreement

Justice Barrett, although agreeing with much of the Court's opinion, dissented on the point concerning the use of jury evidence. She stated, "I disagree with that holding; on this score, I agree with the dissent."

Barrett emphasized that the Constitution does not prevent juries from considering the context surrounding conduct for which presidents can be held liable.

She highlighted that to understand charges alleging quid pro quo, juries must consider the details of both the quid and the quo, even if certain acts could not independently form the basis of criminal liability.

Trump's assertion of "absolute immunity" has delayed proceedings in the federal election interference case, originally set for March 4. This ruling is expected to influence Trump's other legal battles but does not alter the Manhattan hush money verdict.

Among his legal troubles, Trump faces federal charges related to election interference and classified documents, state charges in Georgia, and multiple counts from a New York case.

Special Counsel Jack Smith had sought an expedited resolution to Trump's immunity claims to hasten the trial, but his request was denied by the Supreme Court.

Concerns Over Evidence and Prosecution

Barrett raised concerns that omitting official acts in evidence could impair the prosecution's ability to present a complete case. "The rules of evidence," she noted, "are equipped to handle that concern on a case-by-case basis."

She argued that trials should allow evidence of official acts, particularly in bribery cases, to ensure fair consideration.

Barrett pointed out that in instances where official acts are pertinent, like bribery, the balance favors admitting such evidence. Courts can instruct juries to consider this evidence only for lawful purposes.

Justices Clarence Thomas and Samuel Alito participated in the ruling despite calls for recusal due to their wives' political activities. No formal recusal was made.

The Supreme Court's decision reflects ongoing debates about the extent of presidential immunity and its implications for future prosecutions of former presidents.

Barrett's hypothetical example of a bribery case illustrated her stance. She argued that excluding official acts would undermine the prosecution's case.

Final Thoughts on the Supreme Court's Ruling

The ruling signaled the Court's concern over potential misuse of federal criminal statutes against political rivals. However, it delineated a clear boundary between official and unofficial acts.

In conclusion, the U.S. Supreme Court's ruling establishes that former presidents cannot claim immunity for unofficial acts. Justice Barrett's partial dissent underscores the complexity of interpreting presidential conduct in criminal prosecutions.

With this ruling, the legal landscape for former President Trump and possibly future presidents is now more defined.

Written By:
Mae Slater

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