The Supreme Court ruled yesterday that presidents and former presidents enjoy “absolute” immunity for core constitutional acts, presumptive immunity for official acts, and no immunity for unofficial acts.
What this means for former President Donald Trump’s federal election case is that U.S. District Court Judge Tanya Chutkan will have to tease out official acts from unofficial, and special counsel Jack Smith will have to rebut the presumption of immunity for certain actions before removing from the indictment any acts immune from prosecution so the case can move forward.
The high court criticized lower courts for rushing the case, faulting both the district and appeals court for the lack of briefing on official versus unofficial acts of a president.
“That categorization raises multiple unprecedented and momentous questions,” the opinion reads.
Chief Justice John Roberts, writing for the majority, indicated several actions in the indictment where Trump would have presumptive immunity, including his speech and talks with Vice President Mike Pence about the counting of the votes. Prosecutors are expected to rebut the presumption of immunity as the case resumes in the district court.
Four justices disagreed with the majority and argued official acts could also be unconstitutional, criminal, and subject to prosecution.
Justice Amy Coney Barret wrote an opinion concurring in part but presenting a two-step test for determining the validity of criminal charges for official acts. The first is determining whether the criminal statute applies to the president, and the second step is to determine if that prosecution imposes any danger of intruding on the powers of the Executive Branch.
Justice Sonia Sotomayor wrote in a dissenting opinion that the majority had given Trump even more immunity than he asked for, and that the Constitution does not state immunity for the president. Justices Elena Kagan and Ketanji Brown Jackson, who also penned a separate dissent, joined Justice Sotomayor’s dissent.
The majority emphasized the need for a strong executive, echoing arguments advanced by the framers of the Constitution. The President, who alone composes one of the three branches of government, must be provided with “the maximum ability to deal fearlessly and impartially” with his duties, the court wrote, quoting a 1979 case.
The court agreed with Trump attorneys in that “the ‘bold and unhesitating action’ required of an independent Executive” must not be chilled, but threw out their legal theory for immunity.
Trump attorneys had argued that presidents must be impeached before they are subject to prosecution on those same actions, and that President Trump’s acquittal in the Senate thus precluded prosecution, warranting dismissal of the indictment. The Supreme Court rejected the argument as one with little constitutional support.
This may not be the last the Supreme Court sees of this case—Trump attorneys may yet challenge unfavorable rulings in the district court on which actions were official or unofficial, and Judge Chutkan still has several pending motions to rule on, including other motions to dismiss the indictment.
MOMS FIGHT FOR KIDS' ONLINE SAFETY
A group of 20 mothers has been visiting Washington for about two years to advocate for the Kids Online Safety Act (KOSA). The bill requires social media companies to take measures to prevent the spread of harmful content, including that related to suicide, eating disorders, bullying, and drugs.
They have lost their children because of online harm; they want to help other children and families so they don’t have to suffer in the same way they did.
“I know that if we can get KOSA passed, we can save lives,” Maurine Molak, co-founder of David’s Legacy Foundation in honor of her son, told The Epoch Times.
The bill was cleared by the Senate Commerce Committee in December 2023 and is slated to advance out of the House Commerce Committee soon.
Their personal stories have won the hearts of prominent leaders, including the Senate Majority Leader Chuck Schumer (D-N.Y.) and the chairwoman of the Commerce Committee, Sen. Maria Cantwell (D-Wash.).
During a meeting in November 2022, several mothers struggled to fight their tears to speak. Cantwell rubbed their arms and backs until they could get through their stories.
“She was more like a mom than a senator,” Joann Bogard, one of the mothers, told The Epoch Times.
When Schumer met with the parents in early May, he choked up hearing their stories, according to several people present. He met with a smaller group of parents again a few weeks ago and was “eager to help” to help, according to Bogard.
“One of the things that I think happens when the parents tell their stories is that people stop being politicians and start being people, and they start thinking about the children in their own lives, their kids, grandkids, or kids that they love,” Josh Golin, executive director of Fairplay, a leading organization advocating KOSA, told The Epoch Times.
Bogard described her experience on the Hill: “When people hear our stories, it makes them afraid that this is going to happen to their family. They don’t want that; they want to fix that problem.
“I think that’s why it’s so personal to them. Because they realize our kids are their kids. Our kids are the everyday American kids that are out there.”
U.S. Surgeon General Vivek Murthy remembered meeting with another mother, Lori Schott, last year. He cited it in his op-ed on the New York Times when calling for a warning label for social media platforms, similar to the warning on tobacco products.
She took copies of her daughter’s journals to show Murthy the effect of social media on the mental health of Annalee, who took her own life at the age of 18 due to self-harm content on social media.
“This was information I had not even shared with my family or my husband because we were so devastated,” she told The Epoch Times. “I was in tears.”
She said Murthy was “empathetic and supportive.” He listened to Ms. Schott for more than an hour. If enacted, KOSA would authorize the warning Murthy proposed.
Three of four voters support the social media warning label, according to a Quinnipiac University poll released June 26.
Schumer has been working on fast-tracking KOSA by obtaining unanimous consent from all senators to a time agreement. KOSA has 68 co-sponsors, which is filibuster-proof. There’s still a chance that may happen in July.
“We’ve lost our children. This is not a victory for us. This is just what we have to do in order to protect other children so that no other parent has to walk in our shoes,” Molak said about Schumer’s offer to host a “celebratory signing” when the bill becomes law.
“I think [Mr. Schumer] realized that. He was compassionate and gave us multiple reassurances that this was going to come to the floor. ... We know it will pass.”
—Terri Wu
BOOKMARKS
The Supreme Court will allow retailers to dispute credit card fees imposed by the Federal Reserve, despite the six-year statute of limitations having passed since the fee was regulated. The fee, 21 cents per transaction as well as 0.05 percent of the value of the purchase, results in over $12 billion in annual bank profits.
Steve Bannon has begun serving his four-month prison sentence for contempt of Congress after refusing to honor a subpoena in 2021. Mr. Bannon said he was proud to go to prison: “If this is what it takes to stand up to tyranny ... I’m proud to do it.”
A federal judge has blocked an Oklahoma statute that would allow for the expulsion of illegal immigrants on the grounds that it is “likely unconstitutional.” U.S. District Judge Bernard Jones said in his ruling that the law is preempted by federal immigration laws, and would effectively allow each state to have its own immigration system.
Hurricane Beryl is approaching category 5 strength, tearing the roofs from churches and schools as it works its way through the Caribbean. The U.S. embassy has issued a severe weather warning to residents in the area.
A mistrial has been declared in the murder trial of Karen Read, accused of killing her boyfriend, police officer John O’keefe. Prosecutors said Ms. Read hit Mr. O’Keefe with her car after a night of drinking, while she maintains he was killed during a party at the house where his body was discovered the next morning.
—Stacy Robinson
