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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

182203
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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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
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