Former President Donald Trump at Manhattan criminal court before his conviction in May for falsifying business records related to a hush money payment. Former presidents are immune from prosecution for official actions taken while in the White House, the Supreme Court ruled on Monday, but do not have immunity for unofficial acts.
The justices sent the case back to the lower court to determine which acts alleged in the indictment are official. That makes it highly unlikely that the 45th president will go to trial on charges of trying to subvert the 2020 election before voters cast ballots in this year’s presidential contest, in which Trump is the presumptive Republican nominee.
There were not many cases from history for the justices to turn to for guidance to resolve the competing claims in. Forty years ago, in a case involving President Richard M. Nixon, the Supreme Court said the Constitution shields presidents from private civil lawsuits for actions taken as part of their official duties — even those at the “outer perimeter” of their responsibilities.That decision aimed to ensure the threat of civil litigation did not distract from a president’s duties.
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