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Presidential immunity is the concept that a sitting president of the United States has both civil and criminal immunity for their official acts. [ a ] Neither civil nor criminal immunity is explicitly granted in the Constitution or any federal statute.
Although the U.S. president is frequently sued in his governmental capacity, he normally is not sued in his personal capacity as being personally liable. [11] 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]
United States, 603 U.S. 593 (2024), is a landmark decision [1] [2] of the Supreme Court of the United States in which the Court determined that presidential immunity from criminal prosecution presumptively extends to all of a president's "official acts" – with absolute immunity for official acts within an exclusive presidential authority that ...
The Former Presidents Act (known also as FPA; 3 U.S.C. § 102 note (P.L. 85-745)) [1] is a 1958 U.S. federal law that provides several lifetime benefits to former presidents of the United States who have not been removed from office solely pursuant to Article Two of the United States Constitution.
In 2023, former president Donald Trump was indicted in four federal and state cases involving alleged criminal acts he undertook while president from 2017 to 2021. He contended that as president he had absolute immunity from criminal prosecution, arguing that all his actions were within the scope of his official duties as president.
On December 1, 2023, Chutkan rejected the October 5 motion to dismiss under presidential immunity and the October 23 motion to dismiss under the Freedom of Speech Clause, the Double Jeopardy Clause, and the Due Process Clause. [182] [183] On December 7, 2023, Trump filed notice that he planned to appeal Chutkan's ruling. [184]
In American law, the unitary executive theory is a Constitutional law theory according to which the President of the United States has sole authority over the executive branch. [1] It is "an expansive interpretation of presidential power that aims to centralize greater control over the government in the White House". [2]
Jones that an incumbent president has no immunity from civil litigation seeking damages for unofficial conduct. [431] In February 2022, District of Columbia U.S. District Court Judge Amit Mehta ruled that presidential immunity did not shield Trump from the lawsuits filed by Bennie Thompson, Eric Swalwell, and the U.S. Capitol Police officers. [432]