BREAKING: The #SCOTUS immunity decision is out. Reading now ...

https://www.supremecourt.gov/opinions/23pdf/23-939_e2pg.pdf

#SCOTUS #Trump

At a minimum, the President must be immune from prosecution for an official act unless the Government can show that applying a criminal prohibition to that act would pose no “dangers of intrusion on the authority and functions of the Executive Branch."
Branch.”

#SCOTUS #Trump

As for a President’s unofficial acts, there is no immunity. Alt-
hough Presidential immunity is required for official actions to ensure that the President’s decisionmaking is not distorted by the threat of future litigation stemming from those actions, that concern does not support immunity for unofficial conduct.

#SCOTUS #Trump

In dividing official from unofficial conduct, courts may not inquire into the President’s motives. Such a “highly intrusive” inquiry would
risk exposing even the most obvious instances of official conduct to judicial examination on the mere allegation of improper purpose.

#SCOTUS

The indictment’s allegations that the requested investigations were shams or proposed for an improper purpose do not divest the President of exclusive authority over the investigative and prosecutorial functions of the Justice Department and its officials. Because the President cannot be prosecuted for conduct within his exclusive constitutional authority, Trump is absolutely immune from prosecution for the alleged conduct involving his discussions with Justice Department officials.

#SCOTUS #Trump

Re the attempt to overthrow election results in various states, the majority writes:

"The Court accordingly remands to the District Court to determine in the first instance whether Trump’s conduct in this area qualifies as official or unofficial."

#SCOTUS also remands to the district court a review of whether "a President's public communications" are an official act.

#SCOTUS #Trump

"The President enjoys no im-
munity for his unofficial acts, and not everything the President does is official. The President is not above the law. But under our system of
separated powers, the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts."

6-3, with the three liberal judges dissenting.