Page:SCOTUS No. 23–939 DONALD J. TRUMP, PETITIONER v. UNITED STATES.pdf/104

 Third, if the criminal conduct at issue comprises “unofficial acts, there is no immunity.” Ante, at 15.

Applying the majority’s new Presidential accountability model thus seems to involve bearing down on the indictment’s allegations and making a series of determinations about the nature of the conduct at issue. From the structure of the paradigm, it appears that the first decision point is whether the alleged criminal conduct involves one of the President’s “core” powers. If so (and apparently regardless of the degree to which the conduct implicates that core power), the President is absolutely immune from criminal liability for engaging in that criminal conduct. If not, then one must proceed to consider whether the conduct qualifies as an “official” act or “unofficial” act of that President. If the crime is an official act, the President is presumptively immune from criminal prosecution and punishment. But even then, immunity still hinges on whether there is any legal or factual basis for concluding that the presumption of immunity has been rebutted. Alternatively, if the charged conduct is an unofficial act (a determination that, inci-