What is presumptive immunity? Here's what the Supreme Court ruling could mean for Trump
In a 6-3 decision released Monday, the Supreme Court ruled that former President Donald Trump is at least partially immune from crimes he committed while in office. The decision comes as a blow for prosecutors seeking to hold the former president accountable for attempting to overturn the 2020 election results.
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As Trump is the first president – former or current – to be charged with a crime, the Supreme Court’s ruling veered into uncharted territory in declaring that “official” acts taken by a president are protected, while steps he took as a candidate are not.
However, Chief Justice John Roberts wrote in his opinion that presidents are not fully above the law.
“Under our system of separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts,” Roberts wrote. “That immunity applies equally to all occupants of the Oval Office.”
But what exactly does “presumptive immunity” entail?
What is presidential immunity?
Presidential immunity is a power that presidents claim under the Constitution, shielding them from civil and presumed criminal immunity for acts they commit in their official capacity as president. While it isn’t explicitly mentioned in the Constitution, presidents have claimed it is inherent in the separation of powers clause, and courts have largely upheld the right.
Past presidents, including Andrew Johnson and Richard Nixon, have cited it.
This form of immunity is not and has never been absolute. During the Watergate scandal, courts ruled that Presidents could be subpoenaed or compelled to provide documents for criminal proceedings. And as far back as Thomas Jefferson’s presidency, courts ruled that unlike common law privileges afforded the King of England, the President must follow the general provisions of the U.S. Constitution.
How does “presumptive immunity” work?
While the Supreme Court ruled that presidents have “absolute” immunity with respect to their “core constitutional powers,” the ruling still leaves room for presidents to be prosecuted under a narrow set of circumstances, pertaining to responsibilities that fall “within the outer perimeter” of presidential duties, or to unofficial acts.
However, prosecutors will now face a high legal bar to hold a president accountable in a court of law.
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“At a minimum, the President must therefore be immune from prosecution for an official act unless the Government can show that applying a criminal prohibition to that act would pose no ‘dangers of intrusion on the authority and functions of the Executive Branch.’” Roberts wrote in his majority opinion for the court.
Maya Homan is a 2024 election fellow at USA TODAY, focusing on Georgia politics. Follow her on X, formerly Twitter, as @MayaHoman.
This article originally appeared on Savannah Morning News: Presumptive immunity: How the Supreme Court ruling impacts Trump
