LOS ANGELES.–Supreme Court ruled today [6-3] that former President Donald Trump has immunity for officials acts during his time as president, including any speeches or attempts to guarantee the integrity of the Nov. 3, 2020 presidential election, including coming up with alternative electors or asking his Vice President Mike Pence to refuse to certify the Electoral College vote. All of those acts were seen by partisan Democrats and two anti-Trump Republicans on the House Jan. 6 Select Committee as violations of the Constitution. Former House Speaker Nancy Pelosi (D-Calif.), 84, insisted that Trump committed crimes on Jan. 6, accusing Trump of planning and orchestrating the Jan. 6 “insurrection,” that was nothing more than a rabble-rousing riot by the lunatic fringe vandalizing the Capitol. At least six Supreme Court justices agreed that the partisan witch hunt against Trump must stop.
Pelosi’s House Jan. 6 Select Committee was nothing more than a sham quasi-legal tribunal to continue what she couldn’t complete with two impeachments of Trump, both based on malicious, unfounded partisan prosecution. Trump’s first impeachment for asking 46-year-old Ukrainian President Volodymyr Zelensky for information about the Biden’s illicit activities in Ukraine was entirely appropriate. Trump’s second impeachment for “incitement of insurrection” was also rejected by the U.S. Senate, because there were zero facts that Trump participated in the Capitol vandalism. Pelosi’s Committee blamed Trump for the insurrection, when Trump told his audience to protest peacefully at the Capitol. Then, once the vandalism occurred, Pelosi blamed Trump for not stopping riots he had no control over. Supreme Court Chief Justice John Roberts got that Trump was clearly the victim of malicious partisan prosecution and ruled accordingly.
Roberts reaffirmed that Trump does not have total immunity and is accountable, like any other American citizens, for unofficial criminal acts. “The president enjoys no immunity for his unofficial acts and not everything the President does is official,” Roberts wrote in the majority opinion, leaving it up to the trial court, if they wish, to find unofficial acts with which to prosecute the former president. “We accordingly remand to the District Court to determine in the first instance—with the benefit of briefing we lack—whether Trump’s conduct in this area qualifies as official or unofficial,” Roberts wrote. But for Judge Tanya Chutkan and Special Counsel Jack Smith, they’re back to Square One, trying to find some real probable cause for continuing to prosecute the former president.
Today’s ruling raises the bar in any future legal proceeding against Trump, establishing reasonable probable cause for committing a criminal act. “Such an inquiry would risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose, thereby intruding on the Article II interests that immunity seeks to protect,” wrote Roberts. Roberts puts the burden on the District Court of have higher standards for probable cause than simply imputing motives on Trump. So in any further deliberation in the District Court, there must be facts, not conjecture, presented as evidence regarding official and unofficial acts. Pelosi and the House Select Committee simply attributed motives to Trump that were not supported by facts in evidence, insisting that Trump planned and orchestrated the Jan. 6 Capitol riots.
Reeling from an abysmal debate performance June 27 showing for all to see 81-year-old President Joe Biden’s dementia, the White House responded in partisan fashion. “Today’s ruling doesn’t change the facts., so let’s be very clear about what happened on January 6: Donald Trump snapped after he lost the 2020 election and encouraged a mob to overthrow the results of a free and fair election,” said a White House statement attributable to Biden. Trump never encouraged anyone to engage in vandalism based on any known facts. But Democrats and the press want partisan witch hunts to replace the U.S. criminal justice system. Trump was acquitted in his second impeachment of “incitement of insurrection. Democrats and press lost their “insurrection” argument March 4, when the Supreme Court ruled that the 14th Amendment cannot be used to keep Trump off the ballot.
Supreme Court got the presidential immunity right after subjecting Trump to Democrat political prosecution to undermine his 2024 presidential campaign. Ruling that Trump had immunity from official acts, the Supreme Court made clear they will not allow Special Counsel Jack Smith’s political prosecution. “Presidents cannot be indicted based on conduct for which they are immune from prosecution. On remand, the District Court must carefully analyze the indictment’s remaining allegations to determine whether they too involve conduct for which as President must be immune from prosecution,” Roberts wrote, serving notice to the District Court that the burden of proof must be based on facts. Biden should have said the Supreme Court has spoken and American citizens must follow the law. But, no, Biden went back to the same baseless partisan accusations against Trump.
About the Author
John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He’s editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.
