Washington
CNN
—
President Joe Biden on Monday denounced a Supreme Court ruling that gives presidents absolute immunity from prosecution for major official acts and issued a stern warning about former President Donald Trump's possible second term.
“In America, there is no king. Each of us is equal before the law. No one, not even the president of the United States, is above the law,” Biden said in a speech at the White House.
“Today's Supreme Court decision on presidential immunity fundamentally changes that. There are now virtually no limits on what the president can do. This is a fundamentally new principle and a dangerous precedent, because the power of the presidency will no longer be limited by the law, including by the United States Supreme Court.”
In an ideologically-lined 6-3 decision, the Supreme Court ruled that Trump can claim immunity from criminal prosecution for some acts he committed as president before leaving office, likely further delaying his trial on federal election subversion charges related to the January 6 actions.
The ruling reverses a federal appeals court ruling in February that found former presidents have no immunity from prosecution for crimes they allegedly committed while in office in an attempt to overturn the results of the 2020 election.
Biden repeatedly warned that the limits of a president's power are limited only by him and the choices he makes, and said it would be dangerous for Trump to take on that role.
The political speech came at a critical time for the Biden campaign as it tries to ease persistent concerns about his age that were exacerbated by his performance in last week's presidential debate. Biden's shaky performance unsettled some major donors and left Democrats with uncomfortable questions about whether he should remain on the shortlist, much less serve another four years in the White House.
Biden appeared tense during Monday's speech, reading energetically from a teleprompter set up in the White House's Cross Hall, but did not answer questions and quickly walked out after five minutes of scripted remarks.
Biden on Monday referred to the Jan. 6, 2021, riot at the U.S. Capitol, calling it “one of the darkest days in American history.” He said the court's decision makes it unlikely that Trump will face trial on criminal charges related to the riot before the election.
While the Supreme Court's decision technically allows Special Counsel Jack Smith to move forward with his election interference lawsuit against Trump, many technical questions remain unresolved, making it increasingly unlikely that a trial will begin before the November election. Smith's case will now go back to lower courts, which will have to review the specific steps Trump took to overturn the results of the 2020 election and whether those actions were official, and therefore eligible for immunity, or informal.
The majority said Trump's conversations with the Justice Department, including his efforts to get officials to side with his efforts to overturn the election results, were subject to absolute immunity. Other official acts and more mundane powers of the president are afforded at least some immunity, the court said, leaving it largely to lower courts to resolve, a process that could take weeks or months.
More significantly, the majority made it clear that the actions of public officials may never be considered as evidence in court, which could make it harder for Smith to win. Chief Justice John Roberts also wrote that lower courts may not consider the motives of a former president, which could allow Trump's lawyers to argue that he never sought to overturn the election results in his favor.
“You know I will respect the limits of presidential power that I have maintained for three and a half years, but any president, including Donald Trump, will now have the freedom to ignore the law,” Biden said.
Biden, who has made protecting democracy a central tenet of his campaign, said the decision was part of a broader pattern of the Supreme Court undermining “broad, long-established legal principles,” pointing to other decisions on voting and civil rights and alluding to the importance of the presidential election.
He added that the ultimate decision on whether to hold Trump accountable rests with voters.
“Now that the American people know that Donald Trump will have even more gall to do whatever he wants, whenever he wants, they must decide whether to entrust him with the presidency.”
He added, “I join Justice Sonia Sotomayor in her dissent today. She said, 'In every exercise of civil power, the President is now a king above the law. Out of fear for our democracy, I dissent.'” End of quote. And the American people should dissent too. I dissent.”
The Supreme Court's decision had immediate effect: President Trump's legal team filed a letter on Monday challenging the former president's conviction in his New York hush-money criminal trial based on the Supreme Court's ruling on presidential immunity, sources told CNN.
Trump's lawyers have filed a letter with Judge Juan Marchan asking for permission to challenge the sentence, according to the sources. If the judge grants Trump's motion, Trump's sentencing, scheduled for next week, could be delayed to give the parties time to explain the issues. The Manhattan district attorney's office did not file a sentencing motion on Monday, as expected, the sources said.
CNN's John Fritz and Kara Scannell contributed to this report.
This story was updated Monday with additional developments.
