| Trump v. United States | |
|---|---|
 | |
| Argued April 25, 2024 Decided July 1, 2024 | |
| Full case name | Donald J. Trump v. United States |
| Docket no. | 23-939 |
| Citations | 603 U.S. 593 (more) |
| Argument | Oral argument |
| Decision | Opinion |
| Case history | |
| Prior | United States v. Trump, No. 23-cr-257 (D.D.C., Dec. 1., 2023) (immunity memorandum opinion) United States v. Trump, No. 23-3190 (D.C. Cir., Dec. 8., 2023) (gag order) |
| Questions presented | |
| Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office. | |
| Holding | |
| 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. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Roberts, joined by Thomas, Alito, Gorsuch, Kavanaugh; Barrett (except Part III–C) |
| Concurrence | Thomas |
| Concurrence | Barrett (in part) |
| Dissent | Sotomayor, joined by Kagan, Jackson |
| Dissent | Jackson |
| Laws applied | |
| U.S. Const. art. II | |
| ||
|---|---|---|
|
Business and personal 45th & 47th President of the United States Tenure
Impeachments Civil and criminal prosecutions   |
||
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Trump v. United States, 603 U.S. 593 (2024), is a landmark decision[1][2] of the Supreme Court of the United States in which the Court determined that presidential immunity from criminal prosecution presumptively extends to all of a president's "official acts" – with absolute immunity for official acts within an exclusive presidential authority that Congress cannot regulate[1][2] such as the pardon, command of the military, execution of laws, or control of the executive branch. The case extends from an ongoing federal case to determine whether then-President Donald Trump and others engaged in election interference during the 2020 election, including events during the January 6, 2021, attack on the U.S. Capitol. It is the first time a case concerning criminal prosecution for alleged official acts of a president was brought before the Supreme Court.[3]
On July 1, 2024, the Court ruled in a 6–3 decision that presidents have absolute immunity for acts committed as president within their core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of their official responsibility, and no immunity for unofficial acts.[3][4][5][6] The Court declined to rule on the scope of immunity for some acts alleged of Trump in his indictment, instead vacating the appellate decision and remanding the case to the district court for further proceedings.
- ^ a b Louis Jacobson and Amy Sherman (July 1, 2024). "Key facts from the Supreme Court's immunity ruling and how it affects presidential power". PBS. Archived from the original on July 3, 2024. Retrieved July 3, 2024.
In a landmark ruling with potentially major impact on the 2024 presidential campaign, a U.S. Supreme Court majority ruled that presidents — including former President Donald Trump — have immunity from prosecution when carrying out "official acts."
- ^ a b Cite error: The named reference
20240701PBSBarajaswas invoked but never defined (see the help page). - ^ a b Hurley, Lawrence (July 1, 2024). "Supreme Court provides win to Trump, ruling he has immunity for many acts in election interference indictment". NBC News. Archived from the original on July 1, 2024. Retrieved July 1, 2024.
- ^ Fisher, Joe (July 1, 2024). "Supreme Court rules Trump has partial immunity for official acts only". United Press International. Archived from the original on July 1, 2024. Retrieved July 1, 2024.
- ^ Savage, Charlie (July 1, 2024). "Highlights of the Supreme Court Ruling on Presidential Immunity". The New York Times. Archived from the original on July 2, 2024. Retrieved July 2, 2024.
- ^ Gibson, Ginger (July 1, 2024). "'I dissent': Biden attacks Supreme Court immunity ruling as emboldening a lawless president". NBC News. Archived from the original on July 2, 2024. Retrieved July 2, 2024.