The Special Prosecutor Jack Smith and his case against former President Donald Trump received a significant setback as the Supreme Court decided to send the case back to the US Court of Appeals for the District of Columbia Circuit. This action effectively nullified U.S. District Judge Tanya Chutkan’s previous decision denying immunity.
“On consideration whereof, it is ordered and adjudged by this Court that the judgment of the above court is vacated with costs, and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings consistent with the opinion of this Court,” the Supreme Court document obtained by journalist Julie Kelly, who has been following the case, said.
“IT IS OFFICIAL. SCOTUS ruling in Trump v US sent back to DC appellate court. Both the DC circuit opinion and Judge Chutkan’s order denying presidential immunity from prosecution vacated. And Pres Trump gets some money back lol,” she said on X, formerly Twitter.
IT IS OFFICIAL
SCOTUS ruling in Trump v US sent back to DC appellate court. Both the DC circuit opinion and Judge Chutkan's order denying presidential immunity from prosecution vacated.
And Pres Trump gets some money back lol pic.twitter.com/XIZCwiMUpG
— Julie Kelly (@julie_kelly2) August 2, 2024
The former president is to be reimbursed $3,232.80 for costs incurred, as ordered by the high court. In a 6-3 ruling in July, the justices declared that a former president holds absolute immunity for core constitutional powers. The Supreme Court has determined that Trump cannot face prosecution for actions taken during his presidency if they were part of his official duties. Nevertheless, he may be prosecuted for actions unrelated to his role as president. Lower courts are tasked with carefully assessing each action to ascertain its official nature.
NBC News reported: “The Supreme Court is expected to soon hand down an opinion on whether Trump is immune from prosecution for some of the actions he took to try to overturn the 2020 election results.
The immunity ruling will be the last case of the day. The court handed down two other decisions first, one on Republican-backed state laws seeking to regulate social media platforms and the other on when companies can challenge federal agency rule-making.”
“Chief Justice John Roberts said Friday that today would be the last day of rulings in the current term.
In a ruling Friday, the justices said a lower court must decide whether a Jan. 6 rioter could be prosecuted on the charge that he obstructed an official proceeding by taking part in the attack on the U.S. Capitol — a decision that could have an effect on related cases, including Trumps,” the outlet added.
“The President enjoys no immunity for his unofficial acts, and not everything the President does is official,” the decision said. “The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.”