campaign

• USA: ‘The framers of the constitution envisioned an accountable president, not a king above the law’

  CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact on the 5 November presidential election with Praveen Fernandes, Vice President at the Constitutional Accountability Center, a US think tank and public interest litigation organisation dedicated to studying and applying the constitution’s text, history and values.

  On 1 July, the US Supreme Courtruled that presidents have absolute immunity for the exercise of their core constitutional powers and are entitled to a presumption of immunity for other official acts, although they don’t enjoy immunity for unofficial acts. The decision comes as Donald Trump faces criminal charges for trying to overturn his 2020 election loss to Joe Biden. The question now is whether Trump’s actions will be considered official or unofficial. But it’s unlikely he’ll be tried before the election, and if he returns as president he could pardon himself. Critics claim the Supreme Court ruling violates the spirit of the US Constitution by placing the president above the law.

  What has the Supreme Court said about presidential immunity?

  In Trump v. United States, the Supreme Court’s conservative majority ruled that a former president can be granted a measure of immunity from criminal prosecution for acts committed while in office.

  The majority opinion held that there is absolute immunity from prosecution for acts within the president’s ‘exclusive and preclusive authority’ – powers the constitution specifically assigns to the president and no other branch of government. There is a presumption of immunity for official acts that are part of a president’s duties, although this can be rebutted if the government can show that prosecution would not threaten the powers and functions of the executive branch. There is no immunity for unofficial acts.

  As the dissenting opinions make clear, the court’s doctrine of presidential immunity departs not only from the text and history of the constitution, but also from the court’s own precedent.

  How does this ruling affect the criminal charges against Trump?

  While it’s impossible to know with certainty how this Supreme Court decision will affect all of the pending criminal cases against Trump, what we do know is that it will cause additional delays in prosecutions that have already been delayed far too long.

  For instance, the federal criminal case related to the 6 January 2021 attempted overturning of the 2020 election was paused for over 200 days until the Supreme Court issued its decision. Now the district court has to deal with issues such as which alleged crimes involve unofficial acts and can therefore be prosecuted.

  However, it is highly unlikely that the federal trial will reach a verdict before the presidential election in November. As a result, voters will likely be forced to cast their ballots without knowing whether one of the candidates is criminally responsible for attempting to overturn the results of the last election.

  Do you think this ruling could allow for an unfettered second Trump presidency?

  The danger seems great in a possible future Trump presidency where the fear of prosecution has been largely removed. But this goes far beyond Trump – it’s a danger that extends to anyone who holds such a powerful role without being held accountable to the same criminal laws that bind all other individuals.

  But there are still safeguards. Prosecutors can still pursue crimes related to unofficial acts, and there are still political accountability mechanisms, such as the ability to impeach a president for high crimes and misdemeanours by a vote in the House of Representatives and conviction in a trial in the Senate.

  What are the broader implications of this ruling for US democracy?

  The conservative majority opinion in Trump v. United States challenges the accountability envisioned by the framers of the constitution and moves the nation closer to the monarchical systems they sought to avoid. The framers envisioned a president accountable to the governed, not a king above the law.

  Immunising such a powerful position in the federal government from criminal accountability poses a significant risk and should be sobering to all Americans.

  This ruling is the latest reminder that even when the constitution is clear, we depend on judges to interpret it fairly. Judicial nominations matter. Electing presidents who will nominate fair and principled judges is important. Electing senators who will rigorously scrutinise those nominations is important. Let’s not forget that.

  Civic space in the USA is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with the Constitutional Accountability Center through itswebsite and follow@MyConstitution on Twitter.

• USA: ‘The stakes in the 2024 election are incredibly high for the fate of US democracy’

  CIVICUS discusses the recent US Supreme Court ruling on presidential immunity and its potential impact on the 5 November presidential election with Ciara Torres-Spelliscy, a professor of Law at Stetson University College of Law.

  On 1 July, the US Supreme Courtruled that presidents have absolute immunity for the exercise of their core constitutional powers and are entitled to a presumption of immunity for other official acts, although they don't enjoy immunity for unofficial acts. The decision comes as Donald Trump faces criminal charges for trying to overturn his 2020 election loss to Joe Biden. The question now is whether Trump's actions will be considered official or unofficial. But it's unlikely he'll be tried before the election, and if he returns as president he could pardon himself. Critics claim the Supreme Court ruling violates the spirit of the US Constitution by placing the president above the law.

  What are the main points of theSupreme Court ruling on presidential immunity?

  This is a ruling in the federal case against Trump for trying to overturn his loss to Biden in the 2020 election. He is accused of pressuring state officials to overturn the results, spreading lies about voter fraud and using the Capitol riot of 6 January 2021 to delay Biden’s certification and stay in power. Trump pleaded not guilty and asked the US Supreme Court to dismiss the entire case, arguing that he was acting in his role as president and was therefore immune from prosecution.

  The Supreme Court didn’t do that, but instead created three new categories of presidential immunity: complete immunity for official acts involving core constitutional powers, potential immunity for acts within the ‘outer perimeter’ of official duties and no immunity for private, unofficial acts.

  The key question now is whether Trump’s actions will be deemed official, giving him immunity, or unofficial, leaving him open to prosecution. This is the first case of its kind, as Trump is the first American president to be prosecuted.

  How does this ruling affect Trump's other criminal cases?

  This immunity ruling is likely to delay all four of his criminal cases, as judges will have to apply these new rules and drop any charges that involve the use of core presidential powers, as these can no longer be used as evidence against him.

  As well as being accused of trying to overturn his 2020 defeat, Trump is also accused of paying adult film actress Stormy Daniels hush money during the 2016 election and not properly accounting for it in his business records. This case is unlikely to be affected by the ruling, as his actions don't involve either core or peripheral presidential powers. Judge Merchan will have to decide whether any of his 34 felony business fraud convictions will stand or be thrown out.

  But some of his other crimes occurred during his time in the Oval Office. Trump is accused of conspiring to overturn his 2020 loss in Georgia by asking the state's top election official to ‘find 11,780 votes’. Trump has pleaded not guilty and could be prosecuted in his personal capacity, as presidents have no role in administering US elections. As in the Capitol case, this was a private action he took as a candidate and it would be difficult to fit into the category of presidential immunity.

  The fourth case Trump faces is the Mar-a-Lago classified documents case. Trump is accused of mishandling classified documents by taking them to his Mar-a-Lago residence after leaving office and refusing to return them to the National Archives when he could no longer lawfully possess them. As his alleged crimes took place when he was no longer president, this case shouldn’t be affected by the immunity ruling. However, he could argue he possessed the documents while in office and ask that his case be treated differently from other defendants. This case was dismissed by Judge Cannon. However, the Mar-a-Lago criminal case could come back to life if the 11^th Circuit reverses her dismissal.

  What are the broader implications of this case for the presidential election?

  After this decision, the American public should think about the consequences of who they elect as president, because the presidency can become a wellspring of crime.

  An honest president wouldn't be affected by the Trump v. US decision, because an honest person doesn’t need criminal immunity. Only time will tell whether the Supreme Court has invited future presidents to go on a crime spree. But what is certain is that only US voters can keep criminals out of the White House. So, as I write in my new book, Corporatocracy, the stakes in the 2024 election are incredibly high for the fate of US democracy.

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  Civic space in the USA is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with Ciara Torres-Spelliscy through herLinkedIn page and follow@ProfCiara on Twitter and Bluesky.

• USA: ‘We should shift away from overreliance on policing and promote community-based solutions’

  CIVICUS speaks about police violence in the USA with Abdul Nasser Rad, Managing Director of Research and Data at Campaign Zero (CZ).

  Launched in 2015, CZ is an activist-led and research-driven civil society organisation that works to end police violence and promote public safety beyond policing.

  What factors affect the level of police brutality in the USA?

  Police violence remains a threat in some parts of the country, and particularly to some communities. In 2022, US law enforcement officers killed 1,251 people. While this number is the highest to date since our data tracking began in 2013, it’s crucial to note that trends vary across regions. Some cities have witnessed an increase in such incidents, while others have seen improvements.

  Several factors help explain variations in police violence and use of force across the USA. Racial segregation and socio-economic neighbourhood indicators, for instance, have been found to predict police violence, along with individual-level demographic factors such as the race of the officer involved.

  A combination of historical disinvestment and a societal tendency to respond to social issues with enforcement and prison-related measures rather than restorative or human-centred solutions are leading drivers of the disproportionate impact police violence has on communities of colour. A book by Khalil Gibran Muhammad, The Condemnation of Blackness, provides a comprehensive analysis of the myth of Black criminality and the use of the carceral state in perpetuating the second-class treatment of Black people in the USA.

  How are you working to end police violence?

  Our approach is to work both on immediate harm reduction and long-term transformational change, aiming to reshape the way society approaches public safety.

  CZ provides robust, accurate and up-to-date data on police violence in the USA, which is critical given the absence of such efforts by the federal government. We develop comprehensive datasets that help identify where harm is being caused and pilot solutions to remove the harm. We prioritise transparency and make all our work public. The campaigns we develop are meant to be accessible so other organisations and activists can take the lead in implementing similar initiatives.

  We align with the transformational change perspective. We recognise that the current system is deeply flawed and requires radical rethinking. At the same time, we see the value in harm reduction as a necessary parallel strategy in the short term.

  Our efforts are concentrated in two main areas. First, we engage in harm reduction initiatives through several campaigns. For example, ‘8 Can't Wait’ focuses on reducing police killings by advocating for the adoption of eight policies that restrict the use of force. Since the launch of the campaign in June 2020, over 340 cities have restricted the use of force and 19 states have changed their policies. Some changes include the banning of chokeholds, implementing a duty to intervene, requiring de-escalation and exhausting all alternatives before using deadly force.

  A campaign aimed at reducing unnecessary police deployment, ‘Cancel ShotSpotter’, achieved the cancellation of contracts or the prevention of the expansion of contracts in several large metropolitan centres. ShotSpotter’s technology often mistakes loud noises for gunshots, leading to more police encounters with civilians, sometimes resulting in fatal outcomes. Another campaign, ‘End All No Knocks’, was launched after the tragic police killing of Breonna Taylor, and seeks the cessation of no-knock warrants. It has resulted in six states restricting their use.

  While running these campaigns, we also actively work towards systemic change, consisting of the dismantling and transformation of the policing system. Beyond harm reduction, our goal is to fundamentally transform public safety strategies. We advocate for a shift away from overreliance on policing and instead promote holistic, community-based solutions that prioritise safety and wellbeing for everyone.

  What challenges have you faced in doing your work?

  A common challenge relates to data inconsistencies, lack of data transparency and ensuring the accuracy of our data platforms and analyses.

  But one of the most severe challenges lies not in the data but in the ways it can promote harm rather than foster more thoughtful approaches. For example, when the crime rate increases, the system responds with enforcement and incarceration rather than human and restorative solutions. It’s devastating to see the same punitive strategies over and over again. Combating fear and punitive social responses deters us from our long-term work of dismantling oppressive systems, creating frustration and a sense of moving backward.

  At its core, the problem is that society doesn’t treat or view every individual as a human being of equal value. If it did, it wouldn’t support punitive responses to people experiencing crises. It can be frustrating to work towards dismantling this system while simultaneously mitigating harm from the same system we’re trying to dismantle.

  We confront challenges and failures daily, often facing more obstacles than successes. This is the nature of social justice and liberation work. So building resilience is critical. It’s vital to maintain faith and keep engaging in restorative practices. The commitment and joy in the work endure as long as hope is kept alive and a vibrant community surrounds you.

  How do you collaborate with other local and international stakeholders?

  Our work is with and for communities most impacted on by the US carceral system. Domestically, we collaborate with any stakeholder willing to advance solutions aligned with our values. Direct engagement with stakeholders of diverse ideologies is necessary for policy change. As noted by the intersectional feminist writer Audre Lorde, it is not our differences that divide us, but our inability to recognise, accept and celebrate those differences.

  We are just beginning to build international relationships. Over the past year, we’ve engaged with the international community through sharing our research and expertise in building robust data systems and contributed to the United Nations High Commissioner for Human Rights’ efforts to develop best practices on fatality counts and in-custody deaths.

  To achieve our mission, we need to keep building trust, and we do this by making our work as transparent, robust and easily accessible as possible. Partnerships will help us secure resources to sustain the work and gather the feedback we need to continuously improve.

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  Civic space in the USA is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with Campaign Zero through itswebsite orFacebook page, and follow@CampaignZero on Twitter.