What is presidential immunity? Donald Trump no longer has immunity from prosecution

Trump faces a slew of legal challenges in the run up to the US election
Former US president Donald Trump (PA)
PA Archive
Tamara Davison6 February 2024

Donald Trump no longer has presidential immunity, a US court has ruled, meaning he might face prosecution in the future.

Marking the latest in a long line of legal challenges facing the controversial former president, Mr Trump could face criminal charges for plotting to overturn the election in 2020.

During the landmark case, the BBC reported that Mr Trump's lawyers had claimed he was immune from criminal charges over duties that formed part of his presidential duties. His 'presidential immunity' is also an argument he's used in other hearings he faces.

Following today's ruling, the 77-year-old former president could face charges of conspiring to overturn the election and committing fraud to maintain his grip on power.

It's largely anticipated that Mr Trump will take this to the Supreme Court, which holds a supermajority of conservatives and may rule in the former president's favour.

What is presidential immunity?

According to Supreme Court documents, presidential immunity means the president is immune from certain lawsuits and charges during his time in office.

This aims to prevent the president from facing any distractions that may deter them from their work as leader of the US and prevent any disruptions it causes in the wider executive branch.

It's worth remembering, though, that presidential immunity doesn't mean a president is above the law and world leaders can still be held accountable for their actions or unlawful behaviour.

Do former presidents have it?

According to the US Constitution, former presidents don't actually have many special privileges when it comes to immunity.

It also states that a sitting president can be removed from office and face impeachment if convicted of "treason, bribery or other high crimes and misdemeanours”.

People who have been impeached can also be held liable and punished according to the law, suggesting that Mr Trump's immunity argument doesn't have much basis.

Senator Mitch McConnell also said in 2021: "We have a criminal justice system in this country. We have civil litigation. And former Presidents are not immune from being held accountable by either one.”

Having been criminally indicted four times, the twice-impeached president may face an upward battle against the slew of lawsuits he faces alongside the election campaign.

Who else has immunity?

Senators and House representatives reportedly have some degrees of immunity when it comes to their political work.

Judges and prosecutors also have some judicial immunity, protecting them from lawsuits linked to their work. However, this immunity doesn't apply to allegations of misconduct or corruption.

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