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1 1 (July 5, 2024)

handle is hein.crs/govepiv0001 and id is 1 raw text is: Presidential Immunity from Criminal Prosecution in Trump v. United States July 5, 2024 On July 1, the Supreme Court issued a divided 6-3 opinion in Trump v United States addressing, for the first time, the existence and scope of a constitutionally based presidential immunity from criminal indictment and prosecution. The decision, which held that the Constitution provides former President Donald Trump with some immunity from criminal liability for acts taken while in office, appears to establish a three-tiered framework in which Presidents receive absolute immunity for actions that relate to core or exclusive presidential powers, at least presumptive immunity for all other official acts, and no immunity for unofficial acts. The Court reached only two specific determinations on the particular criminal charges brought by Special Counsel Jack Smith against former President Trump for allegedly attempting to overturn the results of the 2020 election. The former President, the Court concluded, is absolutely immune from prosecution for any alleged conduct involving his discussions with Justice Department officials, actions the Court viewed as touching on core presidential powers. The Court also determined that the former President is at least presumptively immune from prosecution for allegedly pressuring the Vice President to decertify the 2020 election, actions the Court viewed as official. Mr. Trump will therefore be immune from prosecution for such conduct unless the trial court determines that the Special Counsel can rebut the presumed immunity by showing, as described below, that enforcement of the criminal law in that instance would not intrude on the powers of the presidency. The fate of the remaining charges-including those relating to the former President's interactions with state election officials, and other private parties-was left unresolved. The Court remanded the case to the trial court with instructions to assess each charge individually and determine whether the underlying and allegedly unlawful conduct constituted an official act, for which the former President enjoys at least presumptive immunity, or an unofficial act, for which the former President enjoys no protections. This Sidebar summarizes the Trump majority opinion and briefly addresses the decision's possible effect on the various criminal cases pending against the former President. Congressional Research Service https://crsreports.congress.gov LSB11194 CRS Legal Sidebar Prepared for Members and Committees of Congress

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