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Does Trump have presidential immunity in legal cases?
Former President Trump does not have blanket immunity from criminal prosecution for actions taken during his presidency.
Courts have repeatedly ruled that presidential immunity is not absolute.
The Constitution's executive immunity doctrine primarily shields sitting presidents from civil lawsuits related to official acts.
It does not protect former presidents from criminal charges.
Trump can be held accountable in state-level prosecutions, as the presidential immunity defense does not apply to state criminal investigations and cases.
Federal courts have rejected Trump's attempts to invoke immunity to dismiss civil lawsuits related to the January 6th Capitol attack, ruling that his efforts to overturn the 2020 election were not official presidential acts.
The Supreme Court has held that a former president may claim immunity for actions taken as part of their official duties, but not for personal or political activities unrelated to the presidency.
Prosecutors can still pursue charges against Trump for alleged crimes committed before he took office, as presidential immunity does not shield former presidents from pre-inauguration misconduct.
The Justice Department's longstanding policy of not indicting sitting presidents does not apply to former presidents like Trump, leaving him vulnerable to federal criminal prosecution.
Courts have distinguished between Trump's official acts as president and his personal/political activities, allowing lawsuits over the latter to proceed without immunity protection.
Trump's claims of absolute immunity have been repeatedly rejected by federal judges, who have emphasized the importance of holding former presidents accountable for unlawful actions.
The January 6th congressional investigation and ongoing state-level probes in New York and Georgia could result in criminal charges against Trump despite his assertions of immunity.
Legal experts argue that granting former presidents like Trump unlimited immunity would undermine the rule of law and create a dangerous precedent of unaccountable executive power.
The scope of presidential immunity continues to be a hotly debated legal and constitutional issue, with courts carefully balancing the need to protect the presidency with the principle of no one being above the law.
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