CRIMINAL COMPLAINT

Issues

This case asks the Supreme Court to decide whether a former president can be protected from criminal prosecution by presidential immunity for conduct while in office. Former President Trump, the Petitioner, argues that the Constitution’s Executive Vesting Clause, the Separation of Powers principle, and the Impeachment Judgment Clause grant former presidents absolute immunity from criminal prosecution for their official acts, while historical precedents and common-law immunity doctrines provide foundational support. Trump also contends that the clear-statement rule requires criminal laws to apply to the President only if explicitly stated by Congress. Trump further urges the Court to grant absolute criminal immunity for presidential official duties to maintain executive independence or, if considering qualified immunity, to require a clear legal violation. The United States counters that granting former presidents absolute criminal immunity conflicts with the Separation of Powers principles and the Impeachment Judgment Clause and lacks the support of historical precedent or common-law immunity principles. The United States argues that federal criminal statutes universally apply to the President, and the clear-statement principle does not justify a broad exemption since criminal statutes generally do not seriously threaten presidential powers. The United States also contends that any grant of immunity to a former president should not bar prosecution for charges related to alleged misuse of official powers undermining democratic processes. The decision will influence the application of presidential immunity, election processes, and the presidential right to make political speech.

Questions as Framed for the Court by the Parties

Additional Resources