Trump v. United States

Roberts CourtExecutive Power

The Court held that a former president has absolute immunity for core constitutional acts and presumptive immunity for other official acts.

Overview

The case arose from the federal prosecution of Donald Trump for efforts to overturn the 2020 election. On July 1, 2024, Chief Justice John Roberts, writing for a 6-3 majority, held that a former president is absolutely immune from criminal prosecution for actions within his conclusive and preclusive constitutional authority, presumptively immune for other official acts, and not immune for unofficial acts. The Court also limited the use of evidence of official acts at trial and sent the case back to determine which allegations survived. Justice Sotomayor's dissent warned that the decision placed the president above the law. The prosecution was dismissed after Trump won the 2024 election.

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