[531] Presidential Immunity

Completion Date: 06 July 2024
Medium: Paint & ink on acid-free mount-board
Dimensions: 70 x 50 cm (27.5 x 19.7 inches)

The Supreme Court ruled on July 1st, 2024 that former President Donald Trump is entitled to substantial immunity from prosecution on charges of trying to overturn the last election, a blockbuster decision in the heat of the 2024 campaign that vastly expanded presidential power.

The vote was 6 to 3, dividing along partisan lines. Its immediate practical effect was be to further complicate the election interference case against Mr. Trump.

The decision amounted to a powerful statement by the court’s conservative majority that presidents should be insulated from the potential that actions they take in carrying out their official duties could later be used by political enemies to charge them with crimes.

Chief Justice John Roberts, writing for the majority, said Mr. Trump had at least presumptive immunity for his official acts. He added that the trial judge must undertake an intensive factual review to separate official and unofficial conduct and to assess whether prosecutors can overcome the presumption protecting Mr. Trump for his official conduct.