General Discussion

Held: 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. Pp. 5–43.
(a) This case is the first criminal prosecution in our Nation’s history
of a former President for actions taken during his Presidency. Determining whether and under what circumstances such a prosecution
may proceed requires careful assessment of the scope of Presidential
power under the Constitution. The nature of that power requires that
a former President have some immunity from criminal prosecution for
official acts during his tenure in office. At least mwith respect to the
President’s exercise of his core constitutional powers, this immunity
must be absolute. As for his remaining official actions, he is entitled
to at least presumptive immunity. Pp. 5–15.


23-939 Trump v. United States (07/01/2024