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What to Know About the Supreme Court’s Presidential Immunity Ruling
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What to Know About the Supreme Court’s Presidential Immunity Ruling

Updated: Jul 18



What was the Supreme Court's ruling on presidential immunity?


The U.S. Supreme Court ruled that former President Donald Trump cannot be prosecuted for actions within his “official” duties as president, but can be held liable for “unofficial” acts. This decision was made in a 6-3 vote, with the conservative justices forming the majority.


What’s the difference between an “official” and “unofficial” act? 


The Supreme Court did not define what constitutes an “official” act, leaving that up to the lower courts to determine. 


According to legal experts, official acts are something that you would expect a president to do. For example, if the president sent American troops to the Middle East, he or she could not be prosecuted for murder. 


However, a president’s actions taken outside of presidential duties, especially before he held office, may still be prosecutable. Because of this, the court’s ruling is far from a get-out-of-jail-free card. 


How does this ruling affect related legal cases against Trump?


Former President Trump still faces 54 criminal counts in three different cases that are now being reevaluated. Trump's sentencing in the New York hush money trial, originally scheduled for July, is now delayed until at least September while Judge Merchan sorts through new legal questions arising from the Supreme Court ruling.


Trump’s federal election interference case in Washington, D.C., has now been delayed and will not go to trial this year, as Judge Chutkan will have to decide which actions were “official acts” of the president and which can be prosecuted before the case can proceed. 


The state election interference case in Georgia has also been stayed until at least October while an appeals court hears arguments about whether or not Fulton County DA Fani Willis should be disqualified. Once a decision is made, the Supreme Court’s ruling will likely impact this case, as well.


Trump-appointed judge Aileen Cannon tossed out Trump’s classified documents case in Florida two weeks to the day after the Supreme Court’s ruling, claiming that Special Counsel Jack Smith “did not lawfully possess” the power to prosecute Trump. The decision will likely be appealed. 

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