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19 July 2024 / Michael Zander KC
Issue: 8080 / Categories: Features , Profession , International , Public
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Insurrection & court intervention Pt 3

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Michael Zander KC on Trump v United States
  • The majority held that the president could not be prosecuted for exercising his core constitutional powers and was entitled to at least presumptive immunity from prosecution for all other official acts.

The US Supreme Court’s 6-3 decision on presidential immunity has raised serious alarm. Justice Sonia Sotomayor, in a powerful dissent joined by Justices Kagan and Jackson, warned: ‘Under the majority’s rule, a President’s use of any official power for any purpose, even the most corrupt, is immune from prosecution.’ She ended: ‘With fear for our democracy, I dissent.’

The court said that the president was not above the law, but deprived that statement of most of its content both by the width of what it said was covered by immunity and by how it narrowed the path for a prosecutor.

The government argued that a president enjoyed no immunity whatever from criminal prosecution. Trump argued that just as a president had been held to enjoy absolute immunity from

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NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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