The Daily Fuckup

Donald Trump won a major legal reprieve on July 1, 2024, when the Supreme Court held that former presidents have absolute immunity for core constitutional powers, at least presumptive immunity for other official acts, and no immunity for unofficial conduct. The ruling did not end the federal election-subversion case against him, but it did send the matter back to lower courts for further proceedings under a new legal framework.

The Court said the first step is to separate official from unofficial conduct, then decide which allegations can still support the prosecution. That means the case now turns on line-drawing the lower courts had not yet completed. The practical result is that Trump’s lawyers got a wider field to argue in, and prosecutors now have to work through an opinion that narrows what can be charged and how the evidence can be used.

The decision is not a blanket pardon and it does not say a former president is above the law. It does, however, draw a strong constitutional shield around actions tied to the presidency itself. The opinion says that protection is absolute for the president’s core constitutional powers and at least presumptive for other official acts, while leaving unofficial conduct open to prosecution.

What happens next is procedural, but it is still consequential. The case is headed back to the district court to sort out which allegations, if any, fall inside the protected zone and whether enough of the indictment survives without the immune conduct. That makes the road to trial longer and gives Trump another chance to slow a criminal case that is already in motion, even if it does not disappear.