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The Supreme Court of the United States (SCOTUS), in its decision of 1 July 2024, in the case of Trump v. United States, ruled that the President of the United States is immune from prosecution for an official act. The Court distinguished three categories of presidential acts: official acts within his/her exclusive sphere of constitutional authority, acts within the outer perimeter of his/her official responsibility as well as unofficial acts. Thus, immunity protection and its scope depend on the nature of the President’s actions. The SCOTUS also analysed the conduct alleged in the indictment, but it basically remanded to lower courts to determine in the first instance whether the alleged conduct was official or unofficial.
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Maksymilian Grądz (2025) studied this question.
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