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The Supreme Court ruled that presidents are “absolutely” immune from criminal prosecution when their actions involve allegedly official acts while they were in office. Former presidents also have a “presumption of immunity” for their official acts while in office — but, the court ruled, there is no immunity for “unofficial acts.”

The decision in Trump v. United States means that the special counsel Jack Smith’s prosecution against former President Donald Trump — who’s currently running to unseat President Joe Biden — may be able to proceed. In his majority decision, Chief Justice John Roberts remanded the case to the lower courts, which now have to determine whether Trump’s conduct was official or unofficial.

Trump is being prosecuted…

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