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Nixon v. Fitzgerald , 457 U.S. 731 (1982), was a United States Supreme Court decision written by Justice Lewis Powell dealing with presidential immunity from civil liability for actions taken while in office.
The next year in Halperin v. Kissinger, the D.C. Circuit extended that logic to Nixon, who had by then resigned. [10] In 1978, whistleblower A. Ernest Fitzgerald added former president Nixon to his suit against several officials involved in his firing from the Department of the Air Force. [14] This resulted in the collateral appeal Nixon v.
Nixon v Fitzgerald Mr Trump’s team heavily relies on the Nixon v Fitzgerald case , where the Supreme Court ruled that presidents cannot be sued for actions they conducted while in office.
In 1982, the Supreme Court held in Nixon v. Fitzgerald that the president enjoys absolute immunity from civil litigation for official acts undertaken while in office. [11] The Court suggested that this immunity was broad (though not limitless), applying to acts within the "outer perimeter" of the president's official duties. [11]
Trump's team cites Nixon v. Fitzgerald, a 1982 case in which the Supreme Court held by a 5-4 vote that former presidents cannot be sued in civil cases for their actions while in office.
Editor’s Note: Norman Eisen, who served as counsel to House Democrats in the first Trump impeachment and as White House ethics czar in the Obama administration, is a senior fellow at Brookings.
Fitzgerald filed a civil lawsuit against Nixon and other government officials. Nixon contended that as president he enjoyed immunity for actions he took while in office. The trial court and the appellate court rejected Nixon's claim. [6] Nixon appealed to the United States Supreme Court, which ruled in Nixon v.
The U.S. Supreme Court wrote in Nixon v. Fitzgerald, 457 U.S. 731 (1982): “Article II, § 1, of the Constitution provides that "[t]he executive Power shall be vested in a President of the United States. . . ." This grant of authority establishes the President as the chief constitutional officer of the Executive Branch, entrusted with ...