Trump v. United States. July 1, 2024.•Lower Court:No.1:23cr00257 (DC).•Supreme Court : 601 U. S.

Описание: Case Name: Trump v. United States.
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Date of Opinion: July 1, 2024.
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Lower Court Case Number: No. 1:23–cr–00257 (DC).
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Supreme Court Reference: 601 U. S. ___ (2024)

Trump v. United States: A Study Guide

I. Key Concepts and Summary
This case addresses the question of presidential immunity from criminal prosecution for actions taken during a president's tenure in office, specifically in the context of a former president. The Supreme Court grapples with the balance between ensuring an independent and effective Executive Branch and upholding the principle that no one is above the law. The Court concludes that a former president is entitled to some immunity from criminal prosecution for official acts, particularly those within the scope of the president's exclusive constitutional authority, but ultimately remands the case to the lower courts to determine which of the alleged actions qualify as "official" versus "unofficial."
. Answer Key
The four counts were (1) conspiracy to defraud the United States, (2) conspiracy to obstruct an official proceeding, (3) obstruction of and attempt to obstruct an official proceeding, and (4) conspiracy against rights.
The indictment alleges Trump and his co-conspirators: (1) used false claims of election fraud to influence state legislators, (2) organized fraudulent slates of electors, and (3) attempted to use the Justice Department to conduct sham election investigations.
The central question was "Whether and if so to what extent does a former President enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."
The key distinction is between "official" acts, which may warrant immunity, and "unofficial" acts, for which there is no immunity.
These powers include commanding the Armed Forces, granting reprieves and pardons, appointing public ministers and consuls, and overseeing foreign relations.
The Court rejected Nixon's claim because of the "constitutional duty of the Judicial Branch to do justice in criminal prosecutions," as well as the public interest.
The Court considers the need to enable the President to carry out constitutional duties without undue caution versus the "public interest in fair and effective law enforcement."
The Court suggests a fact-specific analysis assessing the numerous alleged interactions with state officials and private persons, but states it is best performed initially by the District Court.
Justice Sotomayor points out that the Constitution's text contains no provision for immunity from criminal prosecution for former Presidents. She asserts that the Impeachment Judgement Clause contemplates that a former President may be subject to criminal prosecution for the same conduct that resulted in an impeachment judgement.
Justice Sotomayor argues that the Court's decision ignores the need for accountability and restraint, because it places former Presidents beyond the reach of the federal criminal laws for any abuse of official power.
Glossary of Key Terms
Presidential Immunity: The principle that a president may be exempt from certain legal liabilities or obligations, particularly while in office.
Official Acts: Actions taken by a president in the course of fulfilling the duties and responsibilities of their office, often tied to constitutional or statutory authority.
Unofficial Acts: Actions taken by a president that are not directly related to their official duties and responsibilities; often of a personal nature.
Separation of Powers: A fundamental principle of the U.S. government that divides power among the legislative, executive, and judicial branches to prevent any one branch from becoming too powerful.
Certiorari: A writ or order by which a higher court reviews a case from a lower court.
Indictment: A formal accusation by a grand jury that there is enough evidence to bring criminal charges against someone.
Impeachment Judgement Clause: Article I, Section 3, Clause 7 of the Constitution which outlines the consequences of impeachment and conviction of government officials.
Outer Perimeter: The boundary defining the scope of a president's official responsibilities, beyond which their actions may not be protected by immunity.
Presumptive Immunity: A type of immunity that assumes protection unless proven otherwise.
Absolute Immunity: A type of immunity that provides complete protection from liability, regardless of the circumstances.
Executive Branch: The branch of the U.S. government responsible for enforcing the laws, headed by the President.