The U.S. Supreme Court will need to further explore the issue of presidential immunity, former special counsel Jack Smith said in his newly released report.
A majority of Supreme Court justices ruled in 2024 that presidents have immunity from criminal prosecution for official acts, but not unofficial ones.
“Under our constitutional structure of separated powers, the nature of Presidential power entitles a former President to absolute immunity from criminal prosecution for actions within his conclusive and preclusive constitutional authority. And he is entitled to at least presumptive immunity from prosecution for all his official acts. There is no immunity for unofficial acts,” the majority said….