What is an 'official' act, and how will a judge interpret Trump's immunity? – The Washington Post
What may be considered “official acts” and how will a judge interpret the legal lines drawn by the high court in Donald Trump’s federal criminal election obstruction case in D.C.
The Supreme Court has ruled that Donald Trump and other presidents are absolutely immune from prosecution when carrying out their core constitutional powers, but can face trial for private conduct or for official acts under very narrow circumstances.
The Supreme Court sent Trump’s federal Jan. 6 case back to a trial judge to decide three questions: Which alleged acts by Trump charged by special counsel Jack Smith fall under the executive branch’s exclusive constitutional authority and are therefore immune from prosecution? Which are official acts but prosecutable because they pose no danger of intruding on the power or function of the presidency? And what acts can be prosecuted because they involve private conduct, such as actions taken by Trump as a candidate, not as an officeholder?
Here’s what to know about what may be considered “official acts” and how a judge will interpret the legal lines drawn by the high court in Trump’s federal criminal election obstruction case in D.C.
The latest: What is presidential immunity? The Supreme Court ruled that former president Donald Trump is immune from prosecution for his “official acts” in office. Here are key takeaways from the Supreme Court’s immunity decision and what’s next in Trump’s case with special counsel Jack Smith.
The trial: The Supreme Court’s immunity decision likely means that Donald Trump’s federal trial can eventually proceed in D.C., but only after additional delay. The March 4 trial date was taken off the calendar and jury selection was postponed indefinitely.
The charges: Trump pleaded not guilty to charges that he plotted to overturn the 2020 election in the run-up to the Jan. 6, 2021, attack on the U.S. Capitol. Here’s a breakdown of the charges against Trump and what they mean, and things that stand out from the Trump indictment.
The case: The special counsel’s office has been investigating whether Trump or those close to him violated the law by interfering with the lawful transfer of power after the 2020 presidential election or with Congress’s confirmation of the results on Jan. 6, 2021. It is one of several ongoing investigations involving Trump.
Can Trump still run for president? While it has never been attempted by a candidate from a major party before, Trump is allowed to run for president after being indicted in four criminal cases and following a conviction in one of them. The three other cases are pending.