Trump v. United States

On July 1, 2024, the U.S. Supreme Court decided Trump v. United States, a landmark case arising from Special Counsel Jack Smith's federal indictment of former President Donald Trump for conspiring to overturn the 2020 election. The Court held 6–3 that a former president has absolute immunity from prosecution for official acts within his conclusive and preclusive constitutional authority, and at least presumptive immunity for all official acts, but no immunity for unofficial acts. The case was remanded to the district court to distinguish official from unofficial conduct. Chief Justice John Roberts wrote the majority; Justices Sotomayor, Kagan, and Jackson dissented. The ruling delayed the federal election subversion trial and clarified the scope of presidential criminal liability.

The Supreme Court held 6–3 that a former president has absolute immunity for core constitutional powers, presumptive immunity for official acts, and no immunity for unofficial acts. The case was remanded to the district court for further proceedings to determine which alleged conduct qualifies as official or unofficial.

Whether a former president enjoys immunity from criminal prosecution for conduct alleged to involve official acts during his presidency, and if so, the scope and standard of that immunity.

The ruling has significant implications for executive power, the rule of law, and presidential accountability. Critics argue it places presidents above the law, while supporters view it as protecting presidential decision-making. It affected the timing and scope of federal prosecutions related to the 2020 election and may influence future presidential conduct and the separation of powers.