former presidents are shielded from prosecution for actions taken as part of their official duties.But the special counsel’s indictment of Trump includes a mix of official conduct and private acts. That means the high court’s ruling almost certainly will create more work for the trial court judge before she can ramp up courtroom proceedings in the former president’s D.C. election obstruction case.
With the immunity claims before the Supreme Court on Thursday, the judicial branch is being asked to draw a clear lineThe high court, with three Trump nominees, has generally not been receptive to the former president’s assertions of immunity, forcing him to comply with a subpoena and rejecting his efforts to block Congress from accessing his tax records.
There are not many cases from history for the justices to turn to for guidance to resolve the competing claims in No lower court has determined whether the allegations against Trump in the indictment amount to official acts that could be shielded from liability — or private conduct that presumably is not. In a footnote to the D.C. Circuit opinion, the appeals court called it “doubtful” that all the types of conduct alleged in the indictment amount to official acts.
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