i morning briefing: What does Trump’s immunity ruling mean?

Welcome to Tuesday’s Early Edition from i.

Last week Donald Trump claimed an early and significant victory during the first presidential debate. Now he may have scored an even more crucial – and historic one. The US Supreme Court handed down a landmark ruling on Monday that means Trump is partially immune from prosecution for actions taken while he was in the White House. Republicans applauded the decision and, unsurprisingly, the former president described it as a “big win for our constitution and democracy,” adding: “Proud to be an American.” But the criticism has been swift, and stark. Joe Biden said it set a “dangerous precedent” that could turn presidents into kings. His campaign manager said: “They just handed Donald Trump keys to a dictatorship.” The three liberal justices issued a stinging dissent, warning it would allow presidential power to be used “for evil ends”. Supreme Court Justice Sonia Sotomayor said the decision “makes a mockery of the principle … that no man is above the law.” Others pointed out how the ruling could have been used historically. “Richard Nixon would have had a pass,” John Dean, Nixon’s White House Counsel, said in response. The Nation published the alarming headline: ‘The President Can Now Assassinate You, Officially’. What is the ruling, and what does it mean – and has Trump already used it to his advantage? We’ll take a look, after the headlines.

 Today’s news, and why it matters

 Sewage was poured into England’s marine protected areas for over 100,000 hours last year, i can reveal. The Special Areas of Conservation house special marine habitats and species and the Government, local authorities and nature conservation bodies are legally required to ensure their protection.

Senior Tories have already started to point the finger at who is to blame for the party’s misfiring general election race after one branded it “the worst campaign in my lifetime”. With 48 hours still to go until the public head to the ballot box, recriminations were already starting over who was responsible for the campaign strategy, which has been pockmarked by missteps, blunders and scandals.

A senior Tory described the tax burden on young people as a “scandal” just weeks before becoming a Treasury minister, i can reveal. Bim Afolami questioned how the Conservatives could be described as “the party of lower tax if younger people are paying higher tax”, according to leaked recordings.

Joanna Cherry: Nicola Sturgeon put a ‘target on my back’ on trans issue. SNP politician says refusing to ‘toe the party line’ and JK Rowling’s support should help her fend off Labour in Edinburgh South West, reports Adam Forrest.

Three Army horses bolted through central London on Monday morning, in what is the second occurrence in three months of Armed Forces animals breaking loose in the capital. The Household Cavalry Mounted Regiment horses broke loose after one was spooked by a London bus during a routine exercise.

Sir Ian McKellen has said it is “with the greatest reluctance” that he has decided to withdraw from a national tour of Player Kings, following his fall from a West End stage. The veteran stage and screen actor, 85, toppled off the stage at Noel Coward Theatre in London during a performance of the play in June.

Three questions over the immunity ruling:

What was the ruling? In a 6-3 ruling, the Supreme Court threw out a lower court’s decision that had rejected Donald Trump’s claim of immunity from federal criminal charges involving his efforts to undo his 2020 election loss to Joe Biden. It means he cannot be prosecuted for actions that were within his constitutional powers as president. The court found that Trump is entitled to claim “absolute immunity” from criminal prosecution for “official acts” taken as president, but is not immune for “unofficial acts”, Chief Justice John Roberts wrote in the decision. “We conclude that under our constitutional structure of separated powers, the nature of presidential power requires that a former president have some immunity from criminal prosecution for official acts during his tenure in office,” Roberts wrote. The document stipulates that courts would need to distinguish between what were official and unofficial actions, which will send Mr Trump’s immunity case back to a lower court in Washington. The ruling also means that “official acts” such as conversations with officials may not be considered as evidence in any criminal trial, which could make it much harder for Special Council Jack Smith to demonstrate Trump’s motive. Trump could still face charges for conduct undertaken in a personal or private manner, although any proceedings of that nature are likely to be after the election in November. The six conservative justices were in the majority, while its three liberal members dissented. Read more here.

What other warnings are being made about the ruling? While supporters of Trump have celebrated the move – House Speaker Mike Johnson called it a “defeat for President Biden’s weaponised Department of Justice – the broad definition of official acts in the ruling has raised serious concerns. Chief Justice John Roberts wrote that immunity for former presidents is “absolute” with respect to their “core constitutional powers” and a former president has “at least a presumptive immunity” for “acts within the outer perimeter of his official responsibility,” meaning prosecutors face a high legal bar to overcome that presumption. Jeffrey Cohen, an associate professor at Boston College Law School, told the BBC: “There’s language in there that suggests that official acts could bleed into unofficial acts really easily and render things presumptively immune. It’s a problem that the court has left us all with this sinking feeling that they’re presuming almost everything is immune.” Justice Sonia Sotomayor, joined by fellow liberal Justices Elena Kagan and Ketanji Brown Jackson, issued a strong dissent, saying the ruling effectively creates a “law-free zone around the president.” Sotomayor wrote: “When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from criminal prosecution. Orders the Navy’s Seal Team 6 to assassinate a political rival? Immune. Organises a military coup to hold onto power? Immune. Takes a bribe in exchange for a pardon? Immune. Immune, immune, immune. In every use of official power, the president is now a king above the law,” she added.

Donald Trump speaks during a presidential debate hosted by CNN on Thursday (Photo: Gerald Herbert/AP)

 Around the world

 What the French far-right surge means for Nato, Ukraine and the UK. The National Rally has toned down its previous anti-Nato and pro-Russia statements, but experts say it is not willing to put its money where its mouth is, reports Taz Ali.

Joe Biden’s top campaign officials have tried to stem panic from major financial donors who questioned whether the 81-year-old should stay in the presidential race. One of the questions put to the officials included: “Can the president make it through a campaign and another term?”

A British man who founded a charity providing military and humanitarian support in Ukraine has died while fighting in the country. Project Konstantin said its founder Peter Fouche died on Thursday “in the battlefield” after getting badly injured “in combat against Russian forces”.

At least 30 people have been injured after a Boeing Dreamliner flight hit heavy turbulence in the early hours of Monday morning after leaving Madrid. The Air Europa flight, which was transporting 325 passengers to Montevideo in Uruguay, was forced to land in Brazil.

A man who holds the Guinness World Record for the largest collection of fossilised poo has opened a museum. George Frandsen, the president and curator of the ‘Poozeum’ in Arizona, said: “I learned very quickly it could tell us so much about our prehistoric past and how important they are to the fossil record.” 

 Thoughts for the day

 How Sunak and Starmer turned this into the ‘regret election’. But is this a good motivator to get your vote out, asks Kitty Donaldson.

I’m an election pollster – this is why polls vary so wildly. Good pollsters always want to be more accurate, but don’t all agree on how to do it, writes Joe Twyman.

At 35 I’ve found my childish joy again – by taking up skateboarding. I woke up one day and realised I had no hobbies, so I swore to try new things, reveals Zing Tsjeng.

I booked sessions with a skateboarding coach (Photo: Tony Anderson/ Getty)

 Culture Break

 SZA, Glastonbury 2024 review: A reminder that this festival isn’t just for older folks. If some of the crowd were baffled, the Gen-Z contingent were busy absolutely losing their minds, writes Kate Solomon.

SZA headlines The Pyramid Stage at Glastonbury Festival 2024 (Photo: Harry Durrant/Getty)

 The Big Read

 Why Grant Shapps could be facing his Portillo moment. The Defence Secretary hopes hyperlocal tactics can save his seat. But his Labour rival is odds on to win and claims Shapps is ‘running away from his national record’, reports Rachel Wearmouth.

Grant Shapps, campaigning with Conservative volunteers in Welwyn Garden City (Photo: Supplied)

 Sport

 The ‘popular’ Tottenham reserve at the heart of Romania’s Euro 2024 fairy tale. Romania’s Radu Dragusin has had a slow start to his Spurs career but could be revitalised after starring for his country in Germany, writes Oliver Young-Myles.

Dragusin has impressed during Romania’s run to the knockout stages (Photo: AP)

 Something to brighten your day

 There are six types of British sunbather – which one are you? As we bask in the all-too-short, Great British Summer, it’s the perfect time to indulge in that other British pastime: judging others! Sorry, people-watching, writes Laura Craik.

From Picnic Paula’s to Molemen, you’ll have seen them all this weekend. (Photo: Robert Daly)