New Fear Countdown

The United States (U.S.) Constitution has no provision regarding Presidential immunity akin to the speech or debate clause that protects members of Congress in performing their official duties. Nevertheless, most Presidents have claimed the constitutional structure implicitly protects their ability to execute their constitutional obligations.

The U.S. Supreme Court first recognized Presidential immunity formally in (United States v. Nixon - 1973). Whereby, the President enjoys absolute immunity from civil litigation for official acts undertaken while he or she is President. The Court suggested that this immunity was broad (though not limitless), applying to acts within the "outer perimeter'" of the President's official duties.

In The Supreme Court 5-4 decision (Nixon v. Fitzgerald - 1982), the Court ruled that the President is entitled to absolute immunity from legal liability for civil damages based on his official acts. The Court, however, emphasized that the President is not immune from criminal charges stemming from his official or unofficial acts while he is in office.

The Court however (In clinton v. Jones - 1997), left unaddressed whether a President may be criminally prosecuted or imprisoned before impeachment and removal from office, though it suggested for official actions a President "may be disciplined principally by impeachment, not by private lawsuits for damages."

The Presidential Transition Enhancements Act of 2019, requires the incumbent President to establish "Transition Councils" by June of an election year to facilitate a possible handover of power.

President Trump would lose protections of the Presidency as he deals with a Manhattan criminal probe, civil-fraud allegations and multiple lawsuits. Notwithstanding his facing a host of legal and taxation issues after he leaves the White House...

Food for concern!