Constitutional Coalition and Former Attorney General Ashcroft Provide Final Memorandum Regarding Supreme Court’s Opinion on Trump v. U.S.
As The Gateway Pundit previously reported back in April, Former Attorney General John Ashcroft and the Constitutional Coalition filed an amicus brief with the Supreme Court on the question of presidential immunity.
As we are all aware, this case concerns whether a subsequent president may criminally prosecute his (or her) predecessor and current political rival for official acts the previous president took while in office.
The Friend of the Court brief was filed back in early April to defend the constitutional principle that a President of the United States, as the Nation’s chief executive, must have immunity from criminal prosecution for those official acts the President takes. Otherwise, fear of a subsequent political rival bringing a criminal prosecution against the President will impair the President from making those decisions necessary in the President’s best judgment to protect our national interest and discharge the duties of the office of Chief Executive.
On July 1, 2024 the Supreme Court released their opinion on presidential immunity and sided with President Trump and his lawyers in a 6-3 decision.
On Sunday, Attorney Thor Hearne sent a final memorandum filed by the Constitutional Coalition and former Attorney General John Ashcroft regarding the Supreme Court’s opinion on Trump v. U.S.
The Constitutional Coalition and former United States Attorney General John Ashcroft filed an amicus curiae brief in the Supreme Court appeal Trump v. United States case. Our amicus brief was filed on March 19, and the Court heard oral argument on April 25. The Supreme Court issued its decision this past Monday, July 1. Following oral argument I sent a memorandum summarizing the argument and offering my prediction of how the Supreme Court would rule.
The Court’s decision was consistent with my, and others’, expectations. The Supreme Court overturned and reversed the lower court’s decisions and rejected the Biden Justice Department’s argument that the President of the United States, as a categorical matter, has no immunity from criminal prosecution for any “official acts” the President took during the President’s term in office. Also, as anticipated, the Supreme Court remanded the prosecution of President Trump to the district trial court to consider the four specific criminal statutes Biden’s Special Counsel, Jack Smith, alleged President Trump had violated and directed the trial court to determine whether these four alleged criminal violations were premised upon “official acts” or “private acts.” All concerned agreed that a President’s “private acts” are not immune from criminal prosecution.
The Court further directed the trial court to determine whether, if the acts upon which the Special Counsel premised his criminal prosecution of President Trump were “official acts” that are an exercise of the President’s “core constitutional powers” within the President’s “exclusive” authority under the Constitution. Or were the “official acts” that were the basis of the criminal prosecution, “official acts” for which the Constitution does not vest the President with exclusive authority as “core constitutional powers” of the Presidency. “Official acts” that are “acts pursuant to an express or implied authorization of Congress.” (Slip at 9.)
In short, the Supreme Court held the President has “absolute immunity” from criminal prosecution for official acts that are within the President’s exclusive core constitutional authority. Congress and the Judicial Branch may not criminalize or prosecute the President or a former President for acts in this category of “official acts”. Here is the 26 page memorandum.
You can read the entire memorandum below.
This was a terrific win for the American people.
Congratulations to the Constitutional Coalition and all of those experts and professionals who were behind this effort.
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