Also known as: executive immunities · presidential immunity
Written by attorneys · grounded in primary & secondary sources — see below
A protection from civil liability granted to the President for official acts performed within the scope of presidential duties. The protection does not extend to unofficial conduct or acts that occurred before the President took office.
Evelyn Ellison sued the sitting President in federal court for wage violations that occurred at a private farm the President had owned a decade earlier. The President moved to dismiss on grounds of absolute immunity. The court denied the motion because the alleged conduct was private and predated the presidency.
The President directed a senior White House staffing aide to reassign several analysts after they raised internal concerns. The analysts sued the President personally for alleged retaliation. The court held that the President was entitled to absolute immunity because the personnel action involved core presidential functions.
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Edgar Evers, then President, directed the dismissal of a longtime federal analyst whose reports had embarrassed the administration. The analyst sued the former President for damages. The court dismissed the claim because the decision fell within the outer perimeter of official presidential duties.
The President directed enforcement of a federal tax policy that affected taxpayers in multiple states. A taxpayer sued the former President in another state's court for actions taken in that official capacity. The court dismissed the suit because the conduct occurred within the scope of presidential executive duties.
No. Presidential immunity is limited to official acts. Suits based on unofficial conduct that occurred before the President took office may proceed in federal court.
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Presidential aides receive at most qualified immunity for routine or operational functions. Absolute immunity applies only when an aide performs discretionary functions intimately tied to core presidential responsibilities in especially sensitive areas of national concern.
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No. The President enjoys absolute immunity from civil damages liability for official acts within the outer perimeter of presidential duties, even after leaving office.
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…subcommittee. The District Court denied the petitioner's motion to dismiss or for summary judgment on the ground of absolute presidential immunity. The Court of Appeals affirmed in part and remanded for further proceedings. The court held that the President is entitled to absolute immunity from damages liability for acts within his…