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The Supreme Court has ruled that Donald Trump and other presidents are absolutely immune from prosecution when carrying out their core constitutional powers, but can face trial for private conduct or for official acts under very narrow circumstances.
The Supreme Court sent Trump’s federal Jan. 6 case back to a trial judge to decide three questions: Which alleged acts by Trump charged by special counsel Jack Smith fall under the executive branch’s exclusive constitutional authority and are therefore immune from prosecution? Which are official acts but prosecutable because they pose no danger of intruding on the power or function of the presidency? And what acts can be prosecuted because they involve private conduct, such as actions taken by Trump as a candidate, not as an officeholder?
Here’s what to know about what may be considered “official acts” and how a judge will interpret the legal lines drawn by the high court in Trump’s federal criminal election obstruction case in D.C.
