US Supreme Court Justice John Roberts wrote the ruling supported by a majority of the court’s justices that Donald Trump has limited presidential immunity for acts while he was in the White House.
Roberts highlighted that “under our constitutional structure of separate powers, the nature of presidential power requires that a former president have some immunity from criminal prosecution for official acts while in office.”
“At least with respect to the exercise of the main constitutional powers by the president, this immunity must be absolute,” he added.
Still, he explained that “the president does not enjoy immunity for his unofficial acts, and not everything the president does is official. The president is not above the law.”
Roberts stressed that a lower court will have to assess which of Trump’s conduct is exempt under the new guidelines set by the Supreme Court, and the opinion noted that additional instructions would be needed for the lower court to do so.
“Consequently, we remand the case to the District Court to determine in the first instance whether Trump’s conduct in this area qualifies as official or unofficial,” wrote Roberts, who said there had been a lack of “factual analysis” in previous lower court opinions. rejecting Trump’s immunity.
*in update
Source: CNN Brasil
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