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BREAKING: DC Judge’s Order Denying Trump Immunity Is VACATED

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3 months ago

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The Supreme Court has officially sent the high-profile January 6 case against 2024 Republican presidential candidate Donald Trump back to the US Court of Appeals for the District of Columbia Circuit for further proceedings. The Supreme Court ruled in early July that presidents have immunity for official acts and today effectively vacated Judge Tanya Chutkan’s order denying that immunity.

“On consideration whereof, it is ordered and adjudged by this Court that the judgment of the above court is vacated with costs, and the case is remanded to the United States Court of Appeals for the District of Columbia Circuit for further proceedings consistent with the opinion of this Court,” read the document from the Supreme Court, obtained by journalist Julie Kelly.

The court also ordered that Trump be compensated $3,232.80 for costs incurred.

The Supreme Court’s 6-3 ruling on July 1 clarified that a former president holds absolute immunity for core constitutional powers, although this does not extend to unofficial acts. The opinion emphasized that the lower court must determine “whether a prosecution involving Trump’s attempts to influence the Vice President’s oversight of the certification proceeding in his capacity as President of the Senate would pose any dangers of intrusion on the authority and functions of the Executive Branch.”

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“The President enjoys no immunity for his unofficial acts, and not everything the President does is official,” the opinion stated. “The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution. And the system of separated powers designed by the Framers has always demanded an energetic, independent Executive. The President therefore may not be prosecuted for exercising his core constitutional powers, and he is entitled, at a minimum, to a presumptive immunity from prosecution for all his official acts. That immunity applies equally to all occupants of the Oval Office, regardless of politics, policy, or party.”

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This development represents a significant step in the ongoing legal battles faced by Trump, particularly as he campaigns for the presidency once more.

A groundbreaking ruling by the Supreme Court last week could also pave the way to reduced sentences for individuals in prison or facing charges stemming from the January 6th, 2021 Capitol riots, including President Donald Trump.

In a split 6-3 decision, justices found that the Department of Justice overstepped its authority when charging hundreds of protestors with obstruction of official congressional proceedings on the day that Congress met to certify the results of the 2020 elections. For more than three years, defendants and their attorneys have argued that the federal statutes used against them were too ambiguous, describing criminal acts that required tampering with documents or resources, not just unlawfully entering the Capitol building. However, the six-member majority noted that obstruction crimes could be applied to rioters if they were found guilty of physically interfering with the delivering of the states’ Electoral College certifications to the floor of the House that day, CNN reported.

Chief Justice John Roberts, writing for the majority, focused much of his reason on the text of the law rather than a discussion of J6 itself. He briefly noted a breach “of the Capitol caused members of Congress to evacuate the chambers and delayed the certification process.”

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