US Supreme Court Holds Trump Has Immunity From Prosecution For “Official Acts”

This 6-3 decision stems from Trump being charged with attempting to overturn the results of the November 2020 US elections by spreading false claims of election fraud. Trump had argued that, as a former President, he should be completely protected from being prosecuted for actions he took while in office. The lower courts (including the District Court and the D. C. Circuit) had rejected Trump's argument, saying that former Presidents do not have blanket protection from criminal charges. However, both the courts had not decided if Trump's actions were part of his official duties as President.

While noting that this case was the first criminal prosecution of a former President for actions taken during his Presidency in the US history, the court remarked that it was essential to carefully assess the scope of Presidential power under the US Constitution. The Supreme Court noted–

“The nature of that power requires that a former President have some immunity from criminal prosecution for official acts during his tenure in office. At least with respect to the President's exercise of his core constitutional powers, this immunity must be absolute. As for his remaining official actions, he is entitled to at least presumptive immunity.”

The Court cited Article II of the Constitution, which vests executive power in the President, as the basis for this immunity. It further stated that under the constitutional structure of separated powers, such an immunity was bound to be provided.

This ruling could impact how future Presidents and former Presidents are held accountable for their actions while they were in office. It can be argued that this ruling may provide excessive protection to Presidents, potentially shielding them from legal consequences of criminal acts committed by them while in office.

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