Supreme Court: Presidents Do Have Immunity From Prosecution For ‘Official Acts’

The Supreme Court has ruled that former presidents “are entitled to at least presumptive immunity from prosecution” for all official acts while in office. However, “there is no immunity for unofficial acts.” The high court says lower courts must determine what acts are official or unofficial. The vote was 6-3 along partisan lines. Full ruling here. From the New York Times:

The former president faces three charges of conspiracy and one count of obstructing an official proceeding, all related to his efforts to cling to the presidency after his 2020 loss.

He was indicted last August by the special counsel, Jack Smith, in one of two federal criminal cases against him; the other relates to the F.B.I. raid on his private club, Mar-a-Lago, in August 2022 that recovered missing government documents.

The Supreme Court has remanded the case to the Federal District Court judge overseeing the matter, Tanya Chutkan, to determine the nature of the acts for which former President Trump has been charged — which are unofficial ones he undertook in his personal capacity and which are official ones he undertook as president.

Final substantive paragraph: “The president enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law. But Congress may not criminalize the President’s conduct in carrying out the responsibilities of the Executive Branch under the Constitution.” Breaking story…more to come.


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