Gavin Howe
The President of the United States is the most powerful person in the country, and possibly the world. In the past, the threat of criminal prosecution was an important incentive to keep presidents from breaking the law. However, in 2024, the Supreme Court granted Trump, and future presidents, a blank check to break the law. This means that the president is now insulated from criminal prosecution when using their official powers. While this decision removes the possibility of criminal accountability, other forms of accountability remain.
| Characteristics | Values |
|---|---|
| Immunity from criminal prosecution | Granted by the Supreme Court |
| Other forms of accountability | Civil lawsuits, the ballot box, the Constitution |
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What You'll Learn
- The Supreme Court's decision to grant Trump and future presidents immunity from criminal prosecution
- The President's power to use the Navy's Seal Team 6 to assassinate a political rival
- The President's power to organise a military coup to hold onto power
- The President's power to take a bribe in exchange for a pardon
- The President's power to violate the Constitution
The Supreme Court's decision to grant Trump and future presidents immunity from criminal prosecution
The ACLU points out that, before Trump, no one had even argued that presidents are absolutely immune from criminal liability after they leave office. In fact, every president, including Trump himself, had assumed the opposite. During Trump's impeachment trial, his lawyers argued against impeachment by conceding that he could be criminally prosecuted after he left office. This concession was in line with the understanding that all citizens, including the president, are equal under the law.
However, the Supreme Court's decision in Trump v. United States changed this. The court's Republican-appointed justices, including the three Trump appointees, announced a new constitutional immunity from criminal liability for presidents' "official acts" or anything a president may do using the powers of their office.
While the decision removes the possibility of criminal accountability, the ACLU notes that other forms of accountability remain. They pledge to continue fighting presidential abuses of power through civil lawsuits, the ballot box, and other means.
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The President's power to use the Navy's Seal Team 6 to assassinate a political rival
The President of the United States is the most powerful person in the country, and possibly the world. The threat of criminal prosecution is an important incentive to keep presidents from breaking the law. However, the Supreme Court has granted Trump, and future presidents, a blank check to break the law. This means that if the President uses the Navy's Seal Team 6 to assassinate a political rival, they will be immune from criminal prosecution.
Before Trump, no one had even argued that presidents are absolutely immune from criminal liability after they leave office. Indeed, every president – including Trump himself – assumed the opposite. In his impeachment trial, Trump’s lawyers argued against impeachment by conceding that an acquittal would not be the end of potential accountability, because he could be criminally prosecuted after he left office. That concession was in line with all prior presidents’ acceptance that the United States is a place where all citizens, including the president, are equal under the law.
However, in Trump v. United States, the court’s Republican-appointed justices — including the three Trump appointees — announced a brand new constitutional immunity from criminal liability for presidents’ “official acts,” or anything a president may do using the powers of the office. This means that the President now will be insulated from criminal prosecution when using his official powers.
While this decision removes the possibility of criminal accountability, other forms of accountability remain. During the Trump administration, the ACLU filed more than 400 legal actions to defend constitutional rights and liberties from his administration’s unprecedented assaults and often succeeded in halting illegal acts. If he is elected again, the ACLU will be ready to do the same.
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The President's power to organise a military coup to hold onto power
The President of the United States is the most powerful person in the country, and possibly the world. The threat of criminal prosecution is an important incentive to keep presidents from breaking the law. However, the Supreme Court has granted Trump, and future presidents, a blank check to break the law. This means that if the president uses his official powers to organise a military coup to hold onto power, he will be insulated from criminal prosecution.
Before Trump, no one had even argued that presidents are absolutely immune from criminal liability after they leave office. Indeed, every president – including Trump himself – assumed the opposite. However, in his impeachment trial, Trump’s lawyers argued against impeachment by conceding that an acquittal would not be the end of potential accountability, because he could be criminally prosecuted after he left office. That concession was in line with all prior presidents’ acceptance that the United States is a place where all citizens, including the president, are equal under the law.
It's important to remember that while this decision removes the possibility of criminal accountability, other forms of accountability remain. As long as this misguided decision remains the law, we must fight presidential abuses of power in other ways. During the Trump administration, the ACLU filed more than 400 legal actions to defend constitutional rights and liberties from his administration’s unprecedented assaults – and often succeeded in halting illegal acts. If he is elected again, they will be ready to do the same.
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The President's power to take a bribe in exchange for a pardon
The President of the United States is the most powerful person in the country, and possibly the world. The threat of criminal prosecution is an important incentive to keep presidents from breaking the law. However, in the case of *Trump v. United States*, the Supreme Court held that challenging official presidential acts is now largely off limits, granting Trump and future presidents a blank check to break the law. This means that if a president takes a bribe in exchange for a pardon, they are immune from criminal prosecution.
However, it is important to remember that while this decision removes the possibility of criminal accountability, other forms of accountability remain. For example, civil lawsuits, the ballot box, and acts of Congress can be used to hold a president accountable. In addition, there are bills within the House that seek to address the ambiguity surrounding whether a president can be criminally charged for accepting a bribe in exchange for a pardon. One such bill is the Protecting Our Democracy Act, which would require the Justice Department and the president to provide Congress with materials pertaining to a pardoned individual’s prosecution and pardon. The bill would also make it clear that pardons could not be doled out in exchange for bribes and outlaw self-pardons.
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The President's power to violate the Constitution
The President of the United States is the most powerful person in the country, and possibly the world. The threat of criminal prosecution is an important incentive to keep presidents from breaking the law. However, the Supreme Court has granted Trump, and future presidents, a blank check to break the law. This means that if a president uses their official powers, they will be insulated from criminal prosecution. For example, if a president orders the Navy's Seal Team 6 to assassinate a political rival, they are immune from prosecution.
The Supreme Court's decision removes the possibility of criminal accountability for presidents, but other forms of accountability remain. During the Trump administration, the ACLU filed more than 400 legal actions to defend constitutional rights and liberties from his administration’s unprecedented assaults and often succeeded in halting illegal acts. The ACLU has also drafted a response to the civil liberties and civil rights abuses outlined in Trump’s transition project and has promised to challenge any acts – official or not – that violate the Constitution.
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Frequently asked questions
The Supreme Court, civil lawsuits, the ballot box, and the halls of power across the country.
The president is the most powerful person in the country, and possibly the world. They are now insulated from criminal prosecution.
No, the Supreme Court has granted the president a blank check to break the law.
Other forms of accountability remain, such as civil lawsuits and the ballot box.
Yes, during the Trump administration, more than 400 legal actions were filed to defend constitutional rights and liberties from his administration’s unprecedented assaults, and often succeeded in halting illegal acts.
