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FOR IMMEDIATE RELEASE
July 2, 2024
United States: Ruling on Presidential Immunity Weakens Protections against Abuse of Power
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By significantly reducing the threat of criminal punishment for official wrongdoing, the Supreme Court has undercut a major tool of deterrence and accountability for the country’s most powerful individual.
WASHINGTON—In response to Monday’s Supreme Court decision on presidential immunity, Freedom House interim president Nicole Bibbins Sedaca issued the following statement:
"The US Supreme Court’s ruling in Trump v. United States has concerning implications for the rule of law and democratic freedoms in this country. While we are still examining the judgment and its potential consequences, the court’s decision—which grants presidents either absolute or presumptive immunity from criminal prosecution for their official acts—undermines the basic democratic principle that no one is above the law, and raises the risk of wrongdoing by removing accountability for otherwise criminal behavior if a president’s actions are deemed to be exercises of core constitutional powers. Its strong protections for presidents and former presidents could ultimately come at the expense of ordinary citizens, political opponents, independent institutions, and other possible victims of an abusive executive.
"Presidents must have the discretion to fulfill their constitutional duties, and should not be the target of overzealous or frivolous prosecution simply for doing their job. There are reasonable ways to protect against that possibility, as many democracies have. But granting presidents absolute immunity for some official acts, without some ability to prosecute major violations of law arising from those acts, erodes the rule of law and poses new dangers for US democracy. Presidents must be accountable—to the people, to the constitution, and to the law.
"Our global research has catalogued many examples of political leaders using the trappings of ‘official’ authority to commit illegal and antidemocratic acts, from taking bribes to attempting coups d’etat. Providing immunity from criminal prosecution for such behaviors makes them more likely by weakening or removing a major tool of deterrence and accountability. In some situations, US presidents would evidently be free to break criminal laws so long as they have enough allies in Congress to block accountability through impeachment. Even if removed from office, they would face no subsequent criminal punishment for actions that are deemed to meet the immunity standard.
"The court’s decision leaves to future interpretation what is or is not an ‘official’ act, among other matters, so there are many questions yet to be answered about its impact. But there is no question that this decision increases the risk of future abuses of presidential power and leaves US democracy more fragile."
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