Immunità presidenziali e responsabilità penale: l’incerto perimetro dopo Trump v. United States

Abstract

Presidential immunities and criminal responsibility: the uncertain perimeter after Trump v. United States – The article addresses the short- and longer-term effects of the Supreme Court’s decision in Trump v. U.S. in light of the re-election of Trump for a second Presidential term. By surveying relevant Supreme Court’s precedents, the text discusses the existence of Presidential immunity from criminal prosecution within the US constitutional framework. The aim is to provide a comprehensive understanding of the shifts in the allocation of powers among the executive, legislative and judicial branch of government according to the most recent decisions handed down by the Roberts Court in the run-up to the 2024 Presidential elections. 

Keywords: Criminal responsibility; Executive power; Immunity; Separation of powers; Special counsel