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19 July 2024 / Michael Zander KC
Issue: 8080 / Categories: Features , Profession , International , Public
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Insurrection & court intervention Pt 3

182203
Michael Zander KC on Trump v United States
  • The majority held that the president could not be prosecuted for exercising his core constitutional powers and was entitled to at least presumptive immunity from prosecution for all other official acts.

The US Supreme Court’s 6-3 decision on presidential immunity has raised serious alarm. Justice Sonia Sotomayor, in a powerful dissent joined by Justices Kagan and Jackson, warned: ‘Under the majority’s rule, a President’s use of any official power for any purpose, even the most corrupt, is immune from prosecution.’ She ended: ‘With fear for our democracy, I dissent.’

The court said that the president was not above the law, but deprived that statement of most of its content both by the width of what it said was covered by immunity and by how it narrowed the path for a prosecutor.

The government argued that a president enjoyed no immunity whatever from criminal prosecution. Trump argued that just as a president had been held to enjoy absolute immunity from civil damages liability for acts within the outer perimeter

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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