The Authority of Law statue that sits outside Supreme Court building. Getty // dgrilla
Q1. On Monday, in a 6-3 decision the Supreme Court ruled that presidents out of office are immune from prosecution for official acts committed while in office, such as declaring war, but are not immune from prosecution for unofficial acts, such as campaign activity.
Do you agree with the decision?
Do you agree with the decision?
male
female
rep
ind
dem
18-29
30-44
45-64
65+
Yes
47%
56%
39%
89%
40%
7%
37%
39%
56%
50%
No
48%
36%
57%
6%
56%
89%
54%
52%
42%
47%
Don't know
4%
5%
3%
4%
3%
5%
9%
6%
1%
2%
Don't care
1%
1%
0%
1%
0%
0%
0%
2%
0%
Q2. In its ruling, the Court also said former President Trump's discussions with his acting Attorney General that are the source of some of the charges in his Jan 6 case, were official acts and therefore exempt from prosecution.
In the majority opinion, Justice John Roberts wrote: “Trump's alleged attempts to leverage the Justice Department's power to convince certain states to replace their legitimate electors with Trump’s fraudulent slate of electors” is an official act because “the Executive Branch has exclusive authority and discretion to decide which crimes to investigate and prosecute, including with respect to allegations of election crime."
Do you agree that a presidents' discussions about which cases to prosecute are official acts, and should be immune from prosecution?
In the majority opinion, Justice John Roberts wrote: “Trump's alleged attempts to leverage the Justice Department's power to convince certain states to replace their legitimate electors with Trump’s fraudulent slate of electors” is an official act because “the Executive Branch has exclusive authority and discretion to decide which crimes to investigate and prosecute, including with respect to allegations of election crime."
Do you agree that a presidents' discussions about which cases to prosecute are official acts, and should be immune from prosecution?
male
female
rep
ind
dem
18-29
30-44
45-64
65+
Are official acts, should be immune
42%
51%
34%
85%
28%
0%
21%
39%
51%
46%
Are official acts, should not be immune
22%
20%
24%
9%
34%
34%
37%
22%
18%
17%
Not official acts
33%
24%
40%
0%
32%
66%
41%
31%
28%
35%
Don't know
3%
4%
2%
5%
4%
0%
0%
5%
3%
2%
Don't care
1%
1%
0%
1%
3%
0%
1%
2%
0%
Q3. Roberts also wrote that three other actions referenced in the Jan 6 indictment were neither clearly official or unofficial, including Trump's pressure on state legislators to change votes, his speech on the morning of Jan 6, and his pressure on Mike Pence to halt the electoral count. Roberts said those were for the DC District Court hearing the Jan 6 case to decide.
Regarding pressuring Pence, Roberts wrote "(Trump's) attempt to enlist the Vice President to use his ceremonial role at the January 6 certification proceeding to fraudulently alter the election results could be an official act because “whenever the President and Vice President discuss their official responsibilities, they engage in official conduct.” Or it could be unofficial because “When the Vice President presides over the January 6 certification, he does so in his capacity as President of the Senate, which is not an executive branch function."
Do you think such discussions Trump had with Pence were official acts, and what do you think the DC District Court will rule?
Regarding pressuring Pence, Roberts wrote "(Trump's) attempt to enlist the Vice President to use his ceremonial role at the January 6 certification proceeding to fraudulently alter the election results could be an official act because “whenever the President and Vice President discuss their official responsibilities, they engage in official conduct.” Or it could be unofficial because “When the Vice President presides over the January 6 certification, he does so in his capacity as President of the Senate, which is not an executive branch function."
Do you think such discussions Trump had with Pence were official acts, and what do you think the DC District Court will rule?
male
female
rep
ind
dem
18-29
30-44
45-64
65+
I think it's official, so will District court
19%
23%
15%
32%
14%
7%
10%
12%
25%
25%
I think it's official, District will not
21%
20%
21%
40%
15%
2%
7%
22%
26%
22%
I don't think it's official, District will
11%
9%
11%
5%
18%
16%
14%
12%
9%
10%
I don't think it's official, neither will District
39%
33%
46%
7%
43%
71%
55%
34%
35%
38%
Don't know
9%
13%
6%
14%
9%
4%
13%
17%
4%
5%
Don't care
1%
2%
0%
1%
2%
0%
1%
3%
0%
In March, 24% thought a president should be permanently immune from criminal prosecution for any official acts committed while in office, 71% said should not.
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