CLAIM: If elected, Trump would be immune from criminal prosecution
Fact check: Partly true
Harris claimed Trump would be “immune from any misconduct” and have “no guard rails” after a landmark Supreme Court decision in June. The court did rule the core powers, which include the ability to make treaties, veto bills, nominate cabinet members, appoint ambassadors, act as Commander-in-Chief of the military, and grant pardons.) The court also said that presidents enjoy “at least presumptive immunity” for other “official acts” – defined broadly as actions within the “outer perimeter” of official responsibilities but not “manifestly or palpably beyond his authority.”
While the decision is widely construed as granting broad protection for a president, the court said presidents are “not above the law” and enjoy no “absolute” immunity, leaving room for a narrow set of cases where a current or former president could face criminal prosecution. There is also no immunity for “unofficial” acts, the court said.
Trump faces a pair of active federal criminal cases against him brought by Special Counsel Jack Smith. The Supreme Court decision does not mean those prosecutions cannot move forward, but it has significantly delayed proceedings and made it more difficult to convict Trump. If he were to win a second term, Trump’s Justice Department could dismiss the Special Counsel and effectively end the cases against him.