Trump v. United States

Former President Donald Trump was indicted in August 2023 on four counts arising from Special Counsel Jack Smith’s investigation into the January 6, 2021, attacks on the U.S. Capitol. Trump claimed that he cannot be prosecuted for his official acts as president and that a former president cannot be prosecuted unless he has first been impeached by the House and convicted by the Senate.

U.S. District Judge Tanya Chutkan initially set Trump’s trial for March 4, 2024, but later vacated this date pending resolution of Trump’s immunity claims. Judge Chutkan denied Trump’s motion to dismiss on immunity grounds, and Smith asked the Supreme Court directly to expedite review and bypass a decision by the D.C. Circuit. The Court declined, deferring instead to the D.C. Circuit’s judgment. On February 6, the D.C. Circuit upheld Chutkan’s decision, and Trump requested a stay of the D.C. Circuit’s ruling. Ultimately, the Supreme Court decided to expedite the case.

Does a former president enjoy presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office, and if so, to what extent?

Trump argued that presidential immunity protects bold presidential decision-making and prevents attacks against political opponents.

The U.S. argued that the Supreme Court has never recognized absolute criminal immunity for any public official and that while "presidential acts" should receive immunity protection, private acts should be subject to criminal charges.

Oral arguments were made April 25, 2024. A decision from the Supreme Court is expected by the end of June or early July.