the Supreme Court held that under the constitutional structure of separated powers, a former President has absolute immunity from criminal prosecution for actions within his conclusive constitutional authority and presumptive immunity for all official acts. However, this immunity does not extend to unofficial acts. This ruling requires careful assessment of the scope of Presidential power under the Constitution.

New Delhi (ABC Live): On July 1, 2024, the Supreme Court of the United States ruled that the Constitution grants a former President absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority and presumptive immunity for all official acts. However, there is no immunity for unofficial acts.

A federal grand jury indicted former President Donald J. Trump on four counts for actions during his Presidency after the November 2020 election, alleging he conspired to overturn the election by spreading false claims of election fraud to obstruct the certification of the results. Trump moved to dismiss the indictment based on Presidential immunity, claiming absolute immunity for actions within his official duties. The District Court and the D.C. Circuit denied Trump’s motion to dismiss, asserting that former Presidents do not have federal criminal immunity for any acts, and declined to decide if the indicted conduct involved official acts.

In the case titled Trump vs. United States, the Supreme Court held that under the constitutional structure of separated powers, a former President has absolute immunity from criminal prosecution for actions within his conclusive constitutional authority and presumptive immunity for all official acts. However, this immunity does not extend to unofficial acts. This ruling requires careful assessment of the scope of Presidential power under the Constitution.

Key points of the Supreme Court's decision:

1. Absolute Immunity: For actions within the exclusive constitutional authority of the President.
2. Presumptive Immunity: For all official acts, barring criminal prosecution unless the government shows no dangers of intrusion on executive authority.
3. No Immunity for Unofficial Acts: Former Presidents can be prosecuted for unofficial actions.

The Court remanded the case to the District Court to determine if Trump's alleged actions were official or unofficial, particularly his interactions with the Justice Department, the Vice President, state officials, private parties, and his public communications. The District Court must carefully analyze these allegations to determine whether they involve conduct for which the President must be immune from prosecution and ensure the indictment’s charges are supported without such conduct.