In remarks at the White House, Biden called the ruling “a dangerous precedent” because the power of the presidency will no longer be constrained by the law.
“This nation was founded on the principle that there are no kings in America … No one is above the law, not even the president of the United States,” added Biden, speaking hours after one of his campaign officials said the ruling makes it easier for Trump “to pursue a path to dictatorship”.
The ruling could scuttle parts of the special counsel’s case as US District Judge Tanya Chutkan mulls the breadth of Trump’s immunity.
In recognising broad immunity for Trump, Roberts cited the need for a president to “execute the duties of his office fearlessly and fairly” without the threat of prosecution.
“As for a president’s unofficial acts,” Roberts added, “there is no immunity.”
Trump hailed the ruling in a social media post, writing: “BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY. PROUD TO BE AN AMERICAN!”
Trump, 78, is the first former US president to be criminally prosecuted as well as the first former president convicted of a crime. Smith’s election subversion charges embody one of the four criminal cases Trump has faced.
The court analysed four categories of conduct contained in the indictment. They are: His discussions with US Justice Department officials following the election; his alleged pressure on then-Vice President Mike Pence to block congressional certification of Biden’s win; his alleged role in assembling fake pro-Trump electors to be used in the certification process; and his conduct related to the Jan 6, 2021, attack on the US Capitol by his supporters.
The outcome gave Trump much of what he sought but stopped short of allowing absolute immunity for all official acts, as his lawyers had advocated. Instead, the court specified that actions within the president’s “exclusive sphere of constitutional authority” enjoy such a shield, while those taken outside his exclusive powers are only “presumptively immune”.
The court found Trump was absolutely immune for conversations with Justice Department officials. Trump is also “presumptively immune” regarding his interactions with Pence, it decided, but returned that and the two other categories to lower courts to determine whether Trump has immunity.
The ruling marked the first time since the nation’s 18th-century founding that the Supreme Court has declared that former presidents may be shielded from criminal charges in any instance. The court’s conservative majority includes three justices Trump appointed.
The court decided the case on the last day of its term.
