Justices say presidents aren’t above the law, but ruling set an extraordinarily broad zone of absolute immunity.
I’m still sorting through the Supreme Court’s immunity ruling, and while it’s way too early for a definitive interpretation , it’s not too early for three broad conclusions.
In the majority opinion, Chief Justice John Roberts wrote that the president must be immune from prosecution for an official act unless the government can show that applying a criminal prohibition to that act would pose no “dangers of intrusion on the authority and functions of the executive branch.” This is a high bar to clear.
Second, forget any thought that special counsel Jack Smith can try Donald Trump before the election. The Supreme Court remanded the case to the lower courts for additional proceedings to determine whether Trump can be prosecuted for any of his official acts during the scheme to overturn the election.
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