What Is Trump Immunity?

By definition, the immunity of a former President is not an immunity ratione personae, as this sort of immunity applies only to current officeholders. It is an immunity ratione materiae extending only to certain types of acts. The Court in Trump made clear that the immunity a former President enjoys is at least an immunity from judicial proceedings. It is for this reason that she is entitled to an immediate appeal from the denial of a motion to dismiss the claim against her.

The Court left unclear whether the President’s immunity is also an immunity from primary obligations or an immunity from secondary obligations. That is the question on which this Essay focuses.