United States of America - July 2024

On 1 July, the Supreme Court ruled that former President Donald Trump enjoys broad immunity from criminal prosecution. The decision was delivered regarding the charges brought against him for conspiracy to overturn the results of the 2020 election. The Court’s conservative majority determined that immunity for the exercise of core constitutional powers is absolute, while other acts carried out in an official capacity are protected by at least presumptive immunity. According to the Court, such immunity is necessary for both the separation of powers and the effectual working of the executive branch. It added that former presidents are not immune regarding unofficial acts. In the election subversion case, the Court concluded that allegations in the indictment related to discussions with Justice Department officials are covered by absolute immunity; most others are protected by presumptive immunity, but the determination of whether they involve official or unofficial acts must be considered by the District Court. The ruling further severely restricts the ability of prosecutors to present evidence. Dissenting justices and many constitutional experts strongly criticised the ruling for placing the president above the law and out of reach of accountability.

Sources: Supreme Court of the United States, Washington Post, Brennan Centre, NPR