The court holds that a former president has absolute immunity for his core constitutional powers. However, there is no immunity for unofficial acts.The case stems from Trump’s attempts to have charges against him dismissed. Lower courts have found he cannot claim immunity for actions that, prosecutors say, illegally sought to interfere with the election results.
A three judge panel ruled former President Trump is not immune to civil lawsuits stemming from the Jan. 6 riot. Justice Elena Kagan at one pointed wondered whether a former president could escape prosecution even if he ordered a coup or sold nuclear secrets. Sauer said prosecutions might not be allowed if those were determined to be official acts.
Smith’s team says the men who wrote Constitution never intended for presidents to be above the law and that, in any event, the acts Trump is charged with — including participating in a scheme to enlist fake electors in battleground states won by Biden — aren’t in any way part of a president’s official duties.
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