Friday, August 21, 2026

Trump has immunity from prosecution for presidential actions, Supreme Court rules

Mr Trump cited a 1982 ruling by the Supreme Court, which affirmed the immunity of presidents for actions taken “within the ‘outer perimeter’ of their official responsibilities.”

• July 1, 2024
U.S. President Donald Trump
Donald Trump [Photo credit: CNN]

The U.S. Supreme Court, in an overwhelming 6-3 vote on Monday, granted former President Donald Trump immunity from criminal prosecution over attempts to tamper with the 2020 elections.

The apex court, however, added a clause to the ruling saying that there must be a clear distinction to determine whether Mr Trump’s actions were taken in an official capacity as president or a private capacity as a presidential candidate seeking re-election.

The Supreme Court returned the matter to a lower court, the Federal District Court in Washington, where Judge Tanya S. Chutkan would scrutinise the allegations to determine the category Mr Trump’s actions fell.

Ms Churkan has previously rejected Mr Trump’s argument for absolute immunity.

“Whatever immunities a sitting president may enjoy, the United States has only one chief executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass,” she opined when the former president first pleaded immunity.

Mr Trump was facing four felony charges over his efforts to stay in power against the results of the 2020 presidential polls and that he incited a mob to attack the Capitol on January 6, 2021.

The former U.S. leader argued that he was immune from prosecution for “official” acts carried out during his active presidency.

Mr Trump cited a 1982 ruling by the Supreme Court which affirmed the immunity for presidents for actions taken “within the ‘outer perimeter’ of their official responsibilities,” according to The New York Times. 

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