Joe Biden has warned that the Supreme Court ruling that Donald Trump cannot be prosecuted for official actions sets a “dangerous precedent”.
Speaking to reporters at the White House on Monday, Mr Biden said the decision by the conservative justices on the court means the power of the US presidency will no longer be constrained by the law.
The court on Monday delivered a major boost to Donald Trump who has sought to claim presidential immunity over his actions related to the Jan 6 riots.
“This nation was founded on the principle that there are no kings in America. Each, each of us is equal before the law. No one, no one is above the law. Not even the president of the United States,” Mr Biden said.
With the decision on Monday, he said, “that fundamentally changed”.
Mr Biden, speaking in his first set of remarks at the White House since his shaky debate against Mr Trump last week, has been sharply critical of his election rival’s actions related to the Jan 6 riots.
“Now the man who sent that mob to the US Capitol is facing potential criminal conviction for what happened that day. The American people deserve to have an answer in the courts before the upcoming election,” Mr Biden said, referring to Mr Trump being on trial for his role in spurring the riot.
Mr Biden said the public has a right to know what the results of that prosecution before the election in November.
“Now, because of today’s decision, that is highly, highly unlikely. It’s a terrible disservice to the people in this nation,” he said.
The president’s campaign, who have frequently sought to paint Trump as a threat to democracy, said it would allow presidents to kill off their political rivals with impunity.
One of the Supreme Court justices who dissented against the ruling said the decision could allow US presidents to deploy Navy seals to assassinate rivals.
Sonia Sotomayor argued that the decision would allow the president to use their office for “evil ends”.
She wrote: “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.”
“Let the President violate the law, let him exploit the trappings of his office for personal gain, let him use his official power for evil ends.
“Because if he knew that he may one day face liability for breaking the law, he might not be as bold and fearless as we would like him to be. That is the majority’s message today.”
Trump’s lawyers have previously claimed that a president was immune from criminal prosecution if they used a team of Navy seals to kill their political enemies - unless they were first impeached by Congress.
The Court did not explicitly address the claim, but took issue with the argument that a president could not be prosecuted without being impeached.
John Roberts, the Chief Justice and author of the Court’s opinion, noted that a president who resigned from office or otherwise evaded impeachment would “never be held accountable for his criminal acts.”
“Impeachment is a political process by which Congress can remove a president,” he said.
“Transforming that political process into a necessary step in the enforcement of criminal law finds little support in the text of the constitution or the structure of our government.”