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BREAKING: SCOTUS Ruling On Trump’s Immunity Has Dropped — Here’s The 411

The judges themselves have acknowledged this decision would be a 'ruling for the ages'

A busy couple of weeks for SCOTUS have taken us into ‘overtime’. Some huge rulings have already dropped on J6 and Chevron, but the one everyone has been waiting for concerned Presidential immunity.

With the announcement still imminent as this is being written, let’s recap the background against which this decision is being handed down.

The backdrop of recent cases

The Chevron Defense ruling strikes at the heart of the endlessly-growing appetite of the bureaucratic state blob.

The J6 ruling slaps down the DOJ’s over-eager application of the ‘otherwise clause’ that was used to scoop up defendants who had personally done nothing whatsoever to impede any such proceeding — and in many cases had not even entered the building. This could overturn hundreds of cases brought by Biden’s DOJ, adding strength to the claims of Biden administration critics that many of the criminal prosecutions chased by Biden’s DOJ were motivated by political caprice rather than even-handed application of the law.

As significant as those cases are — and they are some of the biggest that the current court has heard yet — this one is bigger still.

It would be huge not just with respect to Trump’s legal exposure — past and future — but it would establish the ground rules for anyone with a legal ax to grind over a former president.

The J6 decision has already trashed the first two of Jack Smith’s charges against Trump. The remaining two hang in the balance of today’s decision.

Trump isn’t the only President who could feel the impact of any decision made here. Not only will this define the nature of any Sword of Damocles that might hang over any future President, but it could have real-world consequences for anyone who thinks they have been wronged by Biden, Obama or Clinton, too.

Depending on the nature of the grievance and statutes of limitations rules it might even open up exposure for criminal charges against current or former presidents. One might think of wrongful deaths with drone strikes of an American citizen or the border agent killed as a consequence of the Fast & Furious gun walking scandal for example.

The Biden family has obvious legal issues of its own.

Trump v. United States

The ruling has now dropped. The link can be found here.

It was widely expected that the court would ‘split the baby’ and grant some kind of partial immunity. This seems to be exactly what happened, with immunity granted in some respects, but not others.

Early readings of this ruling present a ruling that establishes a former President retains immunity with respect to any act that falls within his core constitutional duties. Former presidents retain a presumption immunity with respect to any of their official acts. They do not retain immunity for any act outside the scope of their duties.

With respect to the case Jack Smith is bringing against Trump, the case has not been shot down, but the court has indicated that the specific acts Smith is trying to attack Trump for has at least the appearance of being an official act and will require the prosecution to make a case for why the presumption of immunity should NOT apply in this instance.

The dissenting opinion was very telling.


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Wes Walker

Wes Walker is the author of "Blueprint For a Government that Doesn't Suck". He has been lighting up Clashdaily.com since its inception in July of 2012. Follow on twitter: @Republicanuck