The president-elect will have much more freedom in office than he did the first time around.
Topline
The Supreme Court’s ruling giving President-elect Donald Trump some immunity from criminal prosecution has already helped the ex-president out in court, but it could also embolden Trump going into his second term, as the former and future president can take more extreme acts as president without worrying if they may be illegal.Key Facts
The Supreme Court ruled in July that former presidents largely cannot be prosecuted based on their official acts in office, though they can still face charges for acts that were outside the scope of their official duties.
Former presidents have “absolute immunity” when it comes to anything that’s within their “conclusive and preclusive constitutional authority,” the court ruled, meaning acts that are clearly the president’s explicit responsibility, like pardoning people or firing executive branch officials that they’ve appointed.
They only have “presumptive immunity” when it comes to other official acts that are within the “outer perimeter” of their responsibilities as president, the court ruled, meaning actions that are part of their job as president but not directly spelled out in the Constitution.
In those cases, courts can still convict former presidents based on official acts, but only if prosecutors show the action can be found unlawful without undermining the executive branch—a distinction that the court left up to lower courts to rule on, rather than spelling out what exactly that means in practice themselves.
If Trump is prosecuted in the future for an unofficial act or actions when he was a private citizen, the Supreme Court’s ruling also says that anything that would fall within the scope of his official duties also can’t be used as evidence against him.
As a sitting president, Trump will also be shielded from prosecution under longstanding Justice Department policy not to prosecute sitting presidents, meaning any charges that are filed would only be after Trump leaves office. Surprising Fact
The Supreme Court’s ruling’s immunity protections only extend to Trump, meaning that any aides who help him carry out unlawful acts could still face prosecution for doing so.
