Supreme Court rules 6-3 that Presidents are covered by limited immunity from criminal prosecutions for actions taken while in office

Trump-Smiles-AP-640x480 Alex Brandon / Associated Press

Important Takeaways:

  • The U.S. Supreme Court ruled in favor of former President Donald Trump on Monday, holding in a 6-3 decision that presidents are covered by limited immunity from criminal prosecutions for actions taken while in office.
  • The decision is here.
  • The Court held, according to the summary of the decision:
    • Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts.
  • The Court also ruled that a president is entitled to a pretrial hearing on immunity that can be appealed all the way to the Supreme Court before a trial begins.
  • This means that any trial of the former president will take place after the November 5, 2024, election.
  • The case will now be remanded, and will likely result in the dismissal of some or all of the charges facing the former president in federal court in Washington, D.C., relating to the Capitol riot of January 6.

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