Immunity

Constitutional expert said he believes recent immunity ruling by Supreme Court is too broad

KUAR | By Ronak Patel

Last week, the U.S Supreme Court ruled in favor of former President Donald Trump in the Trump v. United States case, according to NPR News.

In the opinion, the majority wrote that any president has immunity when they are exercising their “core constitutional duties.” In an interview with KARK Channel 4’s Capitol View, John DiPippa, dean emeritus of the Bowen School of Law and a constitutional expert, said one of the issues with this ruling is it is difficult to determine whether or not a president is acting within their official capacity.

“The details make it very difficult to ever show a president’s acts are unofficial,” Dipippa said. “For example, the court said if a president talks to a cabinet official or the attorney general that’s an official act and you can’t use the conversation to prove that it was unofficial or if he was pursuing a private goal.”

Constitutional expert said he believes recent immunity ruling by Supreme Court is too broad

Olivier Douliery/AFP Via Getty Images

Justices of the U.S. Supreme Court

U.S. Supreme Court grants Trump partial win in immunity question

by Michael Tilley (mtilley@talkbusiness.net)

The U.S. Supreme Court on Monday (July 1) ruled that former President Donald Trump does not have total immunity, but would have the “presumption” of immunity for any official acts while in office. The ruling is seen as a victory for Trump.

Early legal analysis suggests the Court’s ruling will make it more difficult for Special Prosecutor Jack Smith to pursue the Jan. 6 insurrection case against Trump because it potentially limits evidence that can be used by the prosecution. The justices were split 6-3 on the opinion and along partisan lines. Chief Justice John Roberts delivered the majority opinion. (Link here for a PDF of the opinion.)

As part of his challenge to allegations he illegally tried to interfere with the 2020 election process, Trump and his attorneys claim that as a former president he is immune to criminal prosecution. Federal law now provides immunity to a president while in office with the immunity related to a president’s official actions.

U.S. Supreme Court grants Trump partial win in immunity question