The Morning: Presidential immunity

Plus, President Biden's age, Israel and the Rubik's Cube.

View in browser|nytimes.com July 2, 2024 SUPPORTED BY UPWAY By German Lopez Good morning. We're covering the Supreme Court's ruling on presidential immunity — as well as President Biden's age, Israel and the Rubik's Cube. Donald Trump on Jan. 6, 2021.  Mandel Ngan/Agence France-Presse — Getty Images 'Immune, immune, immune' The Supreme Court has concluded that the president of the United States is above the law — at least sometimes. Yesterday, the court issued a ruling in Trump v. United States. The case sought to determine whether prosecutors could seek charges against Donald Trump for trying to overturn the 2020 election or if he was immune from prosecution because he was president at the time. But the Supreme Court's actual decision went beyond Trump. The court ruled that presidents are presumed to be shielded from prosecution for official acts. That includes policy changes, military decisions and discussions with other administration officials. It doesn't include, for example, private acts taken exclusively as a political candidate. On specific legal questions concerning Trump's role in election interference and the Jan. 6 Capitol riot, the Supreme Court was less clear. It largely punted to the judge in the federal case to decide which of Trump's actions qualify as an official act or a private one. "That analysis ultimately is best left to the lower courts to perform in the first instance," Chief Justice John Roberts wrote. (Read highlights from the court's opinions.) The practical effect is that the decision will delay Trump's election interference trial — reducing the chances that it will happen before Election Day in November, if it happens at all. Today's newsletter will explain what this new precedent means for Trump, and how it may reshape presidential power for years to come. On the Trump charges Since prosecutors filed charges against Trump, he has followed a strategy of delay, delay, delay. If he wins the election before the remaining criminal cases against him conclude, he could use the presidency to prevent the trials from moving forward. The Supreme Court's ruling helps Trump achieve that goal. First, the judge in the federal election interference case, Tanya Chutkan, will have to hold hearings and decide which parts of the case violate the Supreme Court's new immunity standard. Then, either side could appeal Chutkan's decisions. The appeals could once again go all the way to the Supreme Court, producing more months of delays. The Supreme Court Haiyun Jiang for The New York Times The Supreme Court ruling makes it all but certain that Trump "will not stand trial on charges of seeking to overturn the last election before voters decide whether to send him back to the White House in the next one," wrote my colleague Alan Feuer, who's covering the case. It does, however, give prosecutors a chance to publicly show their evidence against Trump, as they present it in court for inclusion in the trial. The ruling also could apply to the state charges against Trump, in Georgia and New York. Trump already filed a motion yesterday to overturn the conviction against him in New York, citing the Supreme Court. On presidential power When the Supreme Court first heard the case in April, Justice Neil Gorsuch said, "We're writing a rule for the ages." The court would decide what legal protections apply not just to Trump, but to future presidents as well. The majority opinion, which Roberts wrote, does just that. It says presidents must be able to make difficult decisions without worrying that someday they could be criminally punished for their choices. "A president inclined to take one course of action based on the public interest may instead opt for another, apprehensive that criminal penalties may befall him upon his departure from office," Roberts wrote. Some legal scholars believe the decision goes too far in expanding presidential power. In her dissent, Justice Sonia Sotomayor argued that the ruling would enable presidents to do things that, before now, might have seemed clearly outside the law. "Orders the Navy's SEAL Team 6 to assassinate a political rival? Immune," she wrote. "Organizes a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune." The decision doesn't shield presidents from all consequences. They must still win elections, and Congress can still impeach them. Future rulings could draw clearer boundaries around presidential immunity. Still, for now, the Supreme Court has extended sweeping legal protections to presidents that apply to no one else in the country. More on the court Trump celebrated the ruling. "BIG WIN FOR OUR CONSTITUTION AND DEMOCRACY," he posted on his social media platform, Truth Social. "PROUD TO BE AN AMERICAN!" "Any president, including Donald Trump, will now be free to ignore the law," President Biden said in a speech from the White House. He called the ruling a "dangerous precedent." Republicans celebrated the ruling, while Democrats worried for the future of American democracy. Representative Alexandria Ocasio-Cortez pledged to file articles of impeachment against the justices. Justices Clarence Thomas and Samuel Alito participated in the decision, rejecting ethics experts' calls for their recusal over their wives' partisan activities. In a concurring opinion, Thomas suggested that Jack Smith, the special counsel investigating Trump, was appointed illegally. Separately, in two cases concerning regulations on social media companies, the court sidestepped a definitive ruling and returned them to lower courts. The court also gave companies more time to challenge government regulations, another blow to federal agencies' authority. A MESSAGE FROM UPWAY E-Bikes up to 60% off retail Get top-tier e-Bikes at unbeatable prices! Visit Upway and use code SUMMER for $150 off. Get your e-Bike now! THE LATEST NEWS 2024 Election Biden boarding Air Force One. Al Drago for The New York Times Biden's campaign chair, Jen O'Malley Dillon, is trying to reassure donors that the president can still win despite his shaky debate with Trump. The Biden campaign is discussing having him participate in an interview or news conference to address voters' concerns about his age. If Biden were to end his re-election bid, Kamala Harris would be the likeliest alternative, despite her own political weaknesses, The Wall Street Journal reports. On social media, Trump circulated posts that called for the jailing of Biden, Harris, Mike Pence and others. Robert F. Kennedy Jr.'s presidential campaign is running out of cash and laying off staff. An allied group is raising money to help get him on state ballots. Trump's family business signed a deal with a Saudi real estate company to build a residential tower in Jeddah, extending its ties with Saudi Arabia. More on Politics Steve Bannon, the longtime Trump adviser, began his four-month prison sentence for defying a congressional subpoena. House Republicans sued Attorney General Merrick Garland and asked a federal judge to force him to turn over audio of Biden's interview with the special counsel who investigated his handling of classified documents. Hunter Biden sued Fox News and said that its mini-series shared explicit images of him without his permission. Israel-Hamas War Israeli tanks near the border with Gaza. Amir Cohen/Reuters As Israel's military runs low on munitions, some top generals want a cease-fire in Gaza — even if it leaves Hamas in power for now. The generals say that a truce would be the best way of freeing hostages. The director of Al-Shifa, Gaza's largest hospital, was released from Israeli detention after more than seven months. Since the Oct. 7 attacks, some Palestinian fighters in the Israeli-occupied West Bank have switched allegiances to more hard-line groups like Hamas and Palestinian Islamic Jihad. More International News In the Kyiv region of Ukraine. Sasha Maslov for The New York Times Large flows of investment have helped turn Ukraine into a Silicon Valley for autonomous drones and fueled a potential new era of killer robots. Hurricane Beryl is headed toward Jamaica as a Category 5 storm. The storm has already caused extreme damage to islands elsewhere in the Caribbean. North Korea said that it had tested a new ballistic missile with a "super-large warhead," a development in an arms race with South Korea. The Netherlands swore in its first far-right government today, after nearly 14 years under its previous prime minister. Read what to know. The defeat of Emmanuel Macron's party in the first round of parliamentary elections has effectively dissolved his centrist movement. An era has ended in France, Roger Cohen writes. Other Big Stories Nearly a third of staff doctors in Wisconsin's prisons have been censured by a state medical board, a Times investigation found. The judge declared a mistrial in the case of Karen Read, who was accused of killing her boyfriend, a Boston police officer. If congestion pricing had gone into effect in New York City, it would have made at least $200,000 during yesterday's rush hour, Times reporters found. A piece of metal from a SpaceX spacecraft was found on a private hiking trail in North Carolina. A significant heat wave will begin in California today, and forecasters said high temperatures would last well through the holiday weekend. Opinions Biden might see withdrawal from the race as a sign of weakness. It would, in fact, be a courageous act that puts the nation first, Kevin Boyle argues. The future of dining is waiting in lines, Karen Stabiner writes. Here are columns by Carlos Lozada on American exceptionalism and Paul Krugman on the American and the French right. The Games Sale. Offer won't last. Games for relaxation. Games for concentration. We have them all. For a limited time, save 50% on your first year of a New York Times Games subscription and enjoy new puzzles every day. MORNING READS Erno Rubik Akos Stiller for The New York Times The Rubik's Cube turns 50: Mathematicians and hobbyists have had a half-century of fun exploring the puzzle's some 43 billion billion permutations. Ask Vanessa: "How can I stay cool and look chic in the heat?" Education: The pandemic's babies, toddlers and preschoolers are now school-age. Many are struggling. Lives Lived: Critics often compared the Albanian novelist Ismail Kadare to Kafka and Orwell. His works subversively attacked the brutal dictatorship of Enver Hoxha, skirting censorship through allegory, satire and myth. But Kadare also wrote a novel that favorably portrayed the dictator and that he later said he had written to curry favor. He died at 88. SPORTS Copa América: The U.S. men's national team was eliminated from the competition after a loss to Uruguay. Coach Gregg Berhalter's job could be in jeopardy. N.B.A.: The Boston Celtics are finalizing a five-year, $314 million contract extension with Jayson Tatum. It would be the largest contract in league history. Klay Thompson: The Golden State Warriors legend will leave the franchise for the Dallas Mavericks, ending a 13-year run. A MESSAGE FROM UPWAY E-Bikes up to 60% off retail Get top-tier e-Bikes at unbeatable prices! Visit Upway and use code SUMMER for $150 off. Get your e-Bike now! ARTS AND IDEAS The grounds of Dyrham House in England. Andrew Testa for The New York Times The culture wars have come for Britain's stately homes. The National Trust, the charity that manages many of them, changed displays in dozens of properties to explain the sites' links to slavery and exploitation. Right-wing columnists and academics got angry; they said the trust was being woke and suggested that it was presenting an "anti-British" view of history. Read more about the fight. More on culture The global market for ordering TV shows is beginning to pick up after a major slowdown. Netflix and Amazon are mainly driving the bump in new orders. Young people on TikTok are dancing to a catchy song called "Friendly Father." It's a piece of North Korean propaganda about Kim Jong-un, The Wall Street Journal reports. Young Thug's much-delayed gang conspiracy trial was halted indefinitely to determine whether the judge, who met with an uncooperative witness, should recuse himself. THE MORNING RECOMMENDS … Julia Gartland for The New York Times Make a saltine cracker crust for this lemony summer pie. Grill better hot dogs. Discover a new fitness routine. Browse Wirecutter's most popular picks of June. Travel light with a carry-on backpack. GAMES Here is today's Spelling Bee. Yesterday's pangrams were headline, headlined, inhaled and nailhead. And here are today's Mini Crossword, Wordle, Sudoku, Connections and Strands. Thanks for spending part of your morning with The Times. See you tomorrow. —German P.S. Mario Koran, the reporter who wrote the Wisconsin prison investigation in today's newsletter, is a former inmate himself. Read about his journey from jail to journalism. Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. Editor: David Leonhardt Deputy Editor: Adam B. Kushner News Editor: Tom Wright-Piersanti Associate Editor: Lauren Jackson News Staff: Desiree Ibekwe, Sean Kawasaki-Culligan, Brent Lewis, German Lopez, Ian Prasad Philbrick, Ashley Wu News Assistant: Lyna Bentahar Saturday Writer: Melissa Kirsch Need help? Review our newsletter help page or contact us for assistance. You received this email because you signed up for the Morning newsletter from The New York Times, or as part of your New York Times account. To stop receiving The Morning, unsubscribe. To opt out of other promotional emails from The Times, including those regarding The Athletic, manage your email settings. To opt out of updates and offers sent from The Athletic, submit a request. Subscribe to The TimesGet The New York Times app Connect with us on: Change Your EmailPrivacy PolicyContact UsCalifornia Notices The New York Times Company. 620 Eighth Avenue New York, NY 10018