WASHINGTON (AP) — In her dissent from a Supreme Court opinion that afforded former President Donald Trump broad immunity, Justice Sonia Sotomayor pondered the potential doomsday consequences: A president could pocket a bribe for a pardon, stage a military coup to retain power, order the killing of a rival by the Navy's SEAL Team Six — and be protected from prosecution for all of it.
The scenarios may sound part of an apocalyptic future. But the plain reality of the 6-3 opinion is that it ensures presidents have a wide berth to carry out official acts without fear of being criminally charged and it could embolden Trump, who was impeached twice and faced four separate prosecutions over the last year and a half, as he eyes a return to the White House.
The outcome is significant because Trump, the presumptive Republican nominee, has been public about wanting to pursue the same boundary-obliterating conduct that defined his four years in office, spawned criminal and congressional investigations and raised novel questions about the scope of presidential immunity that were resolved largely in his favor in Monday's landmark opinion.
“Over the long term, I think it will broaden what presidents are willing to do because they will see that there’s a gray zone that the Supreme Court laid out,” said Princeton University professor Julian Zelizer, who studies political history. The effect of the opinion, he said, will be to “broaden the scope of what's going to be permissible” and give presidents sufficient cover for acts that may veer into criminality.
The opinion authored by Chief Justice John Roberts did not dismiss the case charging Trump with plotting to overturn the 2020 presidential race, as Trump had desired, and it left intact the long-established principle that there's no immunity for purely personal acts. But it significantly narrowed the case by finding that presidents enjoy absolute immunity for their core constitutional duties and are entitled to the presumption of immunity for other official acts.
“This is a full-throated endorsement of the unitary executive theory” in a dramatic way, said Cornell University law professor Michael Dorf, referring to the theory that the U.S. Constitution gives the president expansive control over the government's executive branch.
From a practical perspective, the court's opinion means that the trial judge, Tanya Chutkan, must now engage in further fact-finding analysis to determine how much of the conduct alleged in the indictment from special counsel Jack Smith can remain part of the case.
Importantly for Trump, the one area the conservative majority said was unquestionably off-limits for prosecutors was his command of, and communications with, the Justice Department.
That includes his directives to department leadership after the 2020 election to conduct what prosecutors said were “sham” investigations into bogus claims of election fraud, as well as his attempts to use the department's authority to advance his fruitless efforts to remain in power.
Though the opinion doesn't make new law about the interplay between the White House and the Justice Department, Roberts affirmed that a president has “exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials” and may also “discuss potential investigations and prosecutions with his Attorney General and other Justice Department officials to carry out his constitutional duty to ‘take Care that the Laws be faithfully executed.’”
“I do think that this is a norm-breaking opinion and I can imagine Trump using this as a basis for a complete destruction of DOJ independence,” said Boston College law professor Kent Greenfield.
That position from the nation's highest court is welcome news for Trump, particularly as he and his allies have suggested wanting to use the power of the presidency — including, presumably, the investigative authority of the Justice Department — to pursue retribution against political enemies.
After his May conviction in his New York hush money case, Trump suggested he might try to retaliate against Hillary Clinton, his 2016 opponent, if he returns to the White House.
“Wouldn’t it be terrible to throw the president’s wife and the former secretary of state, think of it, the former secretary of state, but the president’s wife, into jail? Wouldn’t that be a terrible thing? But they want to do it,” Trump said in an interview on Newsmax. “It’s a terrible, terrible path that they’re leading us to. And it’s very possible that it’s going to have to happen to them.”
More recently, he reposted a meme that suggested that former congresswoman Liz Cheney, who as the No. 3 Republican in the House broke ranks with her party and voted to impeach Trump over the Jan. 6, 2021 riot at the U.S. Capitol, had committed treason and should face a military tribunal.
The posts and comments raise concerns given how Trump's interactions with the FBI and Justice Department as president shattered longstanding norms and became central to special counsel Robert Mueller's investigation into whether he had obstructed an inquiry into potential Russia coordination with his 2016 presidential campaign.
Trump urged his then-FBI director, James Comey, to end an investigation into a close ally and fired him weeks later, berated his hand-picked attorney general, Jeff Sessions, for having recused himself from the Russia investigation and also sought the termination of Mueller.
In his report, Mueller did not reach a determination as to whether Trump had illegally obstructed the investigation, declining to make a conclusion in part of because of a Justice Department legal opinion that says sitting presidents cannot be indicted. But he did say that presidents were not “categorically and permanently” immunized for obstructing justice by using their presidential power.
To be sure, there are safeguards still in place that could prevent most presidents from testing the limits of criminal immunity. The threat of impeachment by Congress remains — Trump was impeached over a call with Ukraine's leader and Jan. 6, but acquitted by the Senate — as do the practices, protocols and norms that govern Washington bureaucracy.
Roberts, for one, sought in his majority opinion to downplay the impact, saying Sotomayor was striking “a tone of chilling doom that is wholly disproportionate to what the Court actually does today.”
But even if the scope of presidential power is not directly expanded by the opinion, there's no question the ruling could benefit any future president determined to abuse those powers.
“Not every president will take advantage, but the lesson, I think, of Donald Trump is: one might,” Zelizer said. “Or the lesson of Richard Nixon is: one might. And the ‘one mights’ are the lessons that you're looking for.”
FILE - Republican presidential candidate former President Donald Trump speaks during a presidential debate with President Joe Biden, June 27, 2024, in Atlanta. During the presidential debate, Donald Trump did as he often does when it comes to the Capitol riot, skirting past the events of that fateful day, shifting blame for the mob's siege to others and declining to unequivocally say he will accept the results of this year's election. (AP Photo/Gerald Herbert, File)
Republican presidential candidate former President Donald Trump speaks at a campaign rally in Chesapeake, Va., Friday, June 28, 2024. (AP Photo/Steve Helber)
PORTLAND, Ore. (AP) — Records tumbled across the West as a slow-moving heat wave of potentially historic proportions tightened its grip from the Pacific Northwest to Arizona on Friday, sending many residents in search of a cool haven from the dangerously high temperatures.
The Southeast and Mid-Atlantic regions of the U.S. were also sweltering, with oppressive heat and humidity expected to last through Saturday or beyond.
One of the hottest places on Earth, California’s Death Valley, shattered the previous record high for the date by 5 degrees — with the mercury climbing to 127 Fahrenheit (52.8 Celsius). The old mark of 122 (50 C) last was tied in 2013.
There was also a record high for the date of 118 (47.7 C) in Phoenix, where highs of 115 (46.1 C) or hotter were forecast through Wednesday. In Needles, California, where the National Weather Service has records dating to 1888, the high of 122 (50 C) edged the old mark of 121 (49.4 C) set in 2007. It was 124 (51.1) in Palm Springs, California.
The worst was yet to come across much of the West, with triple-digit temperatures likely — between 15 and 30 degrees (8 and 16 degrees Celsius) higher than average into next week, the National Weather Service said.
“The duration of this heat is also concerning as scorching above average temperatures are forecast to linger into next week,” the weather service in Phoenix said.
“This type of heat is dangerous to all without adequate cooling or hydration,” the service said Friday night in Las Vegas, which saw a high of 113 (45 C). “Numerous climate sites face high probabilities of breaking daily as well as all-time temperature records.”
In Gresham, Oregon, a Portland suburb that also tied a previous record, of 98 (36.6 C), Sherri Thompson, 52, was waiting in her car with her 14-year-old chihuahua Kiwani for a cooling center to open in the late morning.
Thompson has lived in her car for three years and can only run its air conditioning for about 20 minutes at a time or else the engine overheats. She said she has been hospitalized for heat stroke in the past.
“I have anxiety and panic attacks, and I get worried. I don’t want to have another heat stroke, and everything just triggers my anxiety a lot,” she said.
In Arizona’s Maricopa County, which encompasses Phoenix, there have been at least 13 confirmed heat-related deaths this year, along with more than 160 other suspected heat deaths are still under investigation, according to the county’s most recent report.
That does not include the death of a 10-year-old boy earlier this week in Phoenix who suffered a “heat-related medical event” while hiking with family at South Mountain Park and Preserve, according to police.
More extreme highs are in the near forecast, including 129 (53.8 degrees C) on Sunday at Furnace Creek in Death Valley National Park, and then around 130 (54.44 C) through Wednesday. The hottest temperature ever officially recorded on Earth was 134 degrees (56.67 C) in Death Valley in July 1913, though some experts dispute that measurement and say the real record was 130 recorded there in July 2021.
In Bullhead City, Arizona, the temperature had already reached 111 degrees (44.4 C) by 11 a.m. Friday on its way to a high of 118 (47.7 C)., and officials opened a pair of cooling centers for older adults and others.
“While this is a heat wave and we urge everyone to be cautious, we typically don’t see large attendance at our cooling centers unless there are power outages,” city spokesperson Mackenzie Covert said. “Our community is hot every summer. Our residents are kind of aware of it. They all tend to have working air conditioners.”
Figure skaters were out at the Reno Ice Rink in Nevada starting at 6 a.m. before the high topped out at 102 (38.8 C), general manager Kevin Sunde said. By the time the rink was to close at 10:30 p.m., Sunde expected nearly 300 people would have visited, with more parents hanging around to watch kids' hockey practice than usual.
“They may not be getting on the ice themselves, but enjoying the cool,” Sunde said. “We’re the only sheet of ice within about an hour’s drive.”
In Norfolk, Virginia, Kristin Weisenborn set up her table at an outdoor farmer's market to sell sourdough bread. The air was hovering just below the triple digits, but the 58% humidity made it feel more like 114 (46 C), according to the National Weather Service.
“It’s so hot, I just hope there’s a lot of people here that can buy my bread,” said Weisenborn, 42, whose Krid’s Crumbs bakery is based in Virginia Beach.
“Otherwise we’re just standing here sweating,” she said, adding that unsold bread will be donated or frozen.
Despite the sweltering air, people were already buying her loaves as the market got underway.
“It’s hot, but it’s July,” Weisenborn added. “Better than snow, I guess.”
Boone reported from Boise, Idaho, and Sonner reported from Reno, Nevada. Associated Press journalists Jonathan Drew in Raleigh, North Carolina; John Antczak in Los Angeles; Rio Yamat in Las Vegas; Denise Lavoie in Richmond, Virginia; and Ben Finely in Norfolk, Virginia, contributed.
With an American flag reflected in the Willamette River, people sit on their paddle boards and listen to the music at the Waterfront Blues Festival on Friday, July 5, 2024, in Portland, Ore. A slow-moving and potentially record-setting heat wave is spreading across the Western U.S., sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
A child jumps off the dock at Cathedral City Park into the Willamette River on Friday, July 5, 2024, in Portland, Ore. A slow-moving and potentially record-setting heat wave is spreading across the Western U.S., sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Corinne Dickey, of Portland, Ore., cools off under a mister while attending the Waterfront Blues Festival on Friday, July 5, 2024, in Portland, Ore. A slow-moving and potentially record-setting heat wave is spreading across the Western U.S., sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
People walk on the dock at Cathedral City Park on Friday, July 5, 2024, in Portland, Ore. A slow-moving and potentially record-setting heat wave is spreading across the Western U.S., sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Gina Rowlett uses the mister to cool off at the Waterfront Blues Festival on Friday, July 5, 2024, in Portland, Ore. A slow-moving and potentially record-setting heat wave is spreading across the Western U.S., sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
People fill up their water bottles while attending the Waterfront Blues Festival on Friday, July 5, 2024, in Portland, Ore. A slow-moving and potentially record-setting heat wave is spreading across the Western U.S., sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
A person cools off during the Waterfront Blues Festival on Friday, July 5, 2024, in Portland, Ore. A slow-moving and potentially record-setting heat wave is spreading across the Western U.S., sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Radha Ramya, second from right, eats her ice cream with family members Nadamuni Ramya, from left, Dinakar Ramya, Nirvi Ramya and Devineni Ramya at the National Mall near the U.S. Capitol, Friday, July 5, 2024, in Washington. (AP Photo/Mariam Zuhaib)
Jordan Savant, second from left, walks with his family carrying umbrellas on the National Mall near the U.S. Capitol, Friday, July 5, 2024, in Washington. (AP Photo/Mariam Zuhaib)
Wesam Horni, center, sells water on the National Mall near the U.S. Capitol, Friday, July 5, 2024, in Washington. (AP Photo/Mariam Zuhaib)
Ty Brown, with Cultivate Initiatives, puts ice over bottles of water as workers set up the Cook Plaza cooling center on Friday, July 5, 2024, in Gresham, Ore. A heat wave is spreading across Wester U.S., the national Weather Service said, sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Sherri Thompson uses her disability parking sign to fan off as she waits for the Cook Plaza cooling center to open on Friday, July 5, 2024, in Gresham, Ore. Thompson has lived in her car for three years, and can only run its air conditioning for about 20 minutes at a time as it causes the engine to overheat. A heat wave is spreading across Wester U.S., the national Weather Service said, sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Sherri Thompson, with her chihuahua 14-year-old Kiwahi, arrives at the Cook Plaza cooling center on Friday, July 5, 2024, in Gresham, Ore. Thompson has lived in her car for three years, and can only run its air conditioning for about 20 minutes at a time as it causes the engine to overheat. Thompson said the high temperatures prompted health concerns, as she had been hospitalized for a heat stroke in the past. A heat wave is spreading across Wester U.S., the national Weather Service said, sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Sherri Thompson, with her chihuahua 14-year-old Kiwahi, arrives at the Cook Plaza cooling center after waiting for the center to open on Friday, July 5, 2024, in Gresham, Ore. Thompson has lived in her car for three years, and can only run its air conditioning for about 20 minutes at a time as it causes the engine to overheat. A heat wave is spreading across Wester U.S., the national Weather Service said, sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Sherri Thompson, with her chihuahua 14-year-old Kiwahi, waits in her vehicle for the Cook Plaza cooling center to open on Friday, July 5, 2024, in Gresham, Ore. Thompson has lived in her car for three years, and can only run its air conditioning for about 20 minutes at a time as it causes the engine to overheat. A heat wave is spreading across Wester U.S., the national Weather Service said, sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
Doll Crain, with Cultivate Initiatives, marks off places for beds as workers set up the Cook Plaza cooling center on Friday, July 5, 2024, in Gresham, Ore. A heat wave is spreading across Wester U.S., the national Weather Service said, sending many residents in search of a cool haven from the dangerously high temperatures. (AP Photo/Jenny Kane)
