SCOTUS Rules President Trump Is Immune From Prosecution

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…No protection for unofficial acts. So the issue is whether what constitutes official acts. It is a very for Trump in the sense that the Court rejected the lower court and recognizes some immunity. That will further delay the lower court proceedings, but Trump will have to argue that his actions fall within these navigational beacons. The lower court judge has been highly favorable for Jack Smith in the past. Yet the court is arguing that there is a presumption of immunity for their official acts beyond the absolute immunity on core constitutional powers.

…Note this language:
Whenever the President and Vice President discuss their official responsibilities, they engage in official conduct. Presiding over the January 6 certification proceeding at which Members of Congress count the electoral votes is a constitutional and statutory duty of the Vice President. Art. II, §1, cl. 3; Amdt. 12; 3 U. S. C. §15. The indictment’s allegations that Trump attempted to pressure the Vice President to take particular acts in connection with his role at the certification proceeding thus involve official conduct, and Trump is at least presumptively immune from prosecution for such conduct.

…”The question then becomes whether that presumption of immunity is rebutted under the circumstances. When the Vice President presides over the January 6 certification proceeding, he does so in his capacity as President of the Senate. ”

…Now this:
“With respect to the certification proceeding in particular, Congress has legislated extensively to define the Vice President’s role in the counting of the electoral votes, see, e.g., 3 U. S. C. §15, and the President plays no direct constitutional or statutory role in that process. So the Government may argue that consideration of the President’s communications with the Vice President concerning the certification proceeding does not pose “dangers of intrusion on the authority and functions of the Executive Branch.”

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