Progressive legal expert Elie Mystal, in his blistering condemnation of the U.S. Supreme Court's controversial 6-3 immunity ruling in Trump v. the United States, has made a major distinction between "qualified immunity" and "absolute immunity."
The High Court's decision, Mystal has argued, is dangerous to the rule of law in the U.S. because it grants Trump and future presidents "absolutely immunity" — not merely "qualified immunity" — from criminal prosecution for "official" acts committed as part of their "core" duties.
Even some frequent critics of the Roberts Court were shocked by how far the six GOP-appointed justices went in that ruling. But a memo leaked to the New York Times shows that Chief Justice John Roberts encouraged this outcome.
Salon's Nicholas Liu explains, "John Roberts, the chief justice of the Supreme Court, on February 22, issued a memo to his colleagues urging them not only to take up an appeal from former President Donald Trump over his immunity claim, but also, to rule in favor of granting him that immunity…. The document, along with other justices' memos, accounts of the proceedings and testimony from sources the Times interviewed, offers a window into Roberts' high level of involvement in several cases that benefited Trump and ultimately helped him climb out of a mire of legal troubles that threatened to upend his 2024 presidential campaign."
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According to Times reporters Jodi Kantor and Adam Liptak, the February 22 memo that Roberts sent to the eight other justices "radiated frustration and certainty."
Liu notes that the memo is relevant not only to Trump v. the United States, but also, to the High Court's 14th Amendment-related case decision involving the former president.
"Roberts exerted his influence in March this year, when he persuaded the other judges to rule that states could not unilaterally kick federal candidates from a ballot," Liu observes. "While the judges agreed unanimously on the matter, the Court's liberals dissented to an additional proposition that anyone seeking to enforce the Constitution's 14th Amendment against insurrectionist candidates running for office would need to first obtain congressional approval."
Roberts' memo, according to Kantor and Liptak, vehemently disagreed with a lower federal court ruling that tore apart Trump's presidential immunity claims.
The Times journalists report, "The chief justice’s February 22 memo, jump-starting the justices’ formal discussion on whether to hear the case, offered a scathing critique of a lower-court decision and a startling preview of how the high court would later rule, according to several people from the court who saw the document. The chief justice tore into the appellate court opinion greenlighting Mr. Trump’s trial, calling it inadequate and poorly reasoned."
Read the New York Times' full report at this link (subscription required) and Salon's analysis here.
