The Supreme Court’s Ruling on Presidential Immunity
At some point in the near future, the Supreme Court’s decision on presidential immunity will return to the judge overseeing Donald J. Trump’s criminal prosecution for allegedly attempting to overturn the 2020 election. The judge in question is Tanya S. Chutkan.
Judge Chutkan’s Daunting Task
Judge Chutkan will be tasked with meticulously reviewing the 45-page indictment, determining which allegations can proceed and which ones must be dismissed.
Categories of Presidential Immunity
The Supreme Court has outlined three categories regarding presidential immunity:
- Former presidents are fully shielded from accusations related to their core constitutional duties.
- They can be prosecuted for unofficial actions taken while in office.
- There is a complex third category where the presumption of immunity can be overcome if charges do not impede the executive branch’s authority and functions.
Guidance for Judge Chutkan
Although the specifics of when Judge Chutkan will begin evaluating the indictment remain uncertain, the Supreme Court has provided some guidance, albeit somewhat unclear, on how she should approach the intricate issues arising from its ruling.
The Indictment Against Mr. Trump
The indictment lodged against Mr. Trump in Washington by special counsel Jack Smith accuses the former president of employing five primary methods to undermine the previous election.
