https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdfTrump v United States
Held: 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.
/e furthermore:
In dividing official from unofficial conduct, courts may not inquire
into the President’s motives. Such a “highly intrusive” inquiry would
risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose. Fitzgerald, 457 U. S., at 756. Nor may courts deem an action unofficial
merely because it allegedly violates a generally applicable law. Otherwise, Presidents would be subject to trial on “every allegation that
an action was unlawful,” depriving immunity of its intended effect
They then look at each allegation:
Because the President cannot be prosecuted for conduct within his exclusive constitutional authority, Trump is absolutely immune from prosecution for the
alleged conduct involving his discussions with Justice Department officials.
15. The indictment’s
allegations that Trump attempted to pressure the Vice President to
take particular acts in connection with his role at the certification proceeding thus involve official conduct, and Trump is at least presumptively immune from prosecution for such conduct.
The question then becomes whether that presumption of immunity
is rebutted under the circumstances. It is the Government’s burden to
rebut the presumption of immunity. The Court therefore remands to
the District Court to assess in the first instance whether a prosecution
involving Trump’s alleged attempts to influence the Vice President’s
oversight of the certification proceeding would pose any dangers of intrusion on the authority and functions of the Executive Branch.
The indictment’s remaining allegations involve Trump’s interactions with persons outside the Executive Branch: state officials,
private parties, and the general public
....
The Court accordingly remands to the District Court to determine in
the first instance whether Trump’s conduct in this area qualifies as
official or unofficial.
(iv) The indictment also contains various allegations regarding
Trump’s conduct in connection with the events of January 6 itself. The
alleged conduct largely consists of Trump’s communications in the
form of Tweets and a public address.
....
The Court
therefore remands to the District Court to determine in the first instance whether this alleged conduct is official or unofficial.
Testimony or private records of the President
or his advisers probing such conduct may not be admitted as evidence
at trial.
This post was edited by Goomshill on Jul 1 2024 08:36am