Trump Immunity Case

Supreme Court rules ex-presidents have substantial protection from prosecution

The issue before the Supreme Court stemmed from Special Counsel Jack Smith's election interference case against former President Trump.

The Supreme Court ruled Monday in Trump v. United States that a former president has substantial immunity from prosecution for official acts committed while in office, but not for unofficial acts.

The Court sent the matter back down to a lower court, as the justices did not apply the ruling to whether or not former President Trump is immune from prosecution regarding actions related to efforts to overturn the results of the 2020 election.

Justice Samuel Alito questioned the repercussions of charging a former president.

"Now if an incumbent who loses a very close, hotly contested election knows that a real possible nullity after leaving office is not that the president is going to be able to go off into a peaceful retirement, but that the president may be criminally prosecuted by a bitter political opponent," Alito asked.

"Will that not lead us into a cycle that destabilizes the functioning of our country as a democracy? And we can look around the world and find countries where we have seen this process, where the loser gets thrown in jail," he said.

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