A former President has absolute immunity for constitutional actions, presumptive immunity for official acts, and no immunity for unofficial acts.
The Supreme Court's decision in the Trump Immunity Case addresses whether a former President has immunity from criminal prosecution for actions taken during their tenure. The majority opinion introduces a new hybrid model of presidential accountability, where immunity depends on the classification of the criminal conduct. For "core constitutional powers," the former President is entitled to absolute immunity. For actions within the "outer perimeter" of official responsibility, there is presumptive immunity. The case is vacated and remanded for further proceedings consistent with this new framework. Justice Thomas concurs, emphasizing the constitutional protections of presidential actions, while Justice Jackson dissents, highlighting the potential erosion of the rule of law by granting such immunities.
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