The Supreme Court, in a 6-3 decision on July 1, 2024, ruled in Trump v. United States that former presidents possess "absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority" and "at least presumptive immunity" for other official acts, but "no immunity for unofficial acts".

This ruling significantly changed the legal standing for former presidents facing criminal charges, particularly former President Donald Trump, by delaying his federal election interference trial until after the November election. The decision requires lower courts to distinguish between official and unofficial acts, a process that prompted Justice Sotomayor to express "fear for our democracy".

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