Official immunity

Question 1

The president

Answer 1

She has absolute immunity from liability for official acts, broadly construed.

She does not, however, have immunity for acts done prior to taking office.

Question 2

The president: executive privilege

Answer 2

She has an executive privilege not to reveal confidential communications with presidential advisers.

But the privilege can be outweighed by a specifically demonstrated need in a criminal prosecution. U.S. v. Nixon.

Question 3

Judges

Answer 3

Judges have absolute immunity for all official acts unless it is clear that they acted outside their jurisdiction.

But they may be liable for non-judicial acts—e.g., employment discrimination.

Question 4

Legislators: Speech or Debate Clause

Answer 4

U.S. members of Congress cannot be prosecuted or punished in relation to their official acts.

The official acts of a federal legislator cannot be introduced into evidence.

This protection, however, does not foreclose prosecution for a crime, including the taking of bribes, when the crime does not require proof of legislative acts or inquiring into the motive behind those acts.

Question 5

Legislators: federalism

Answer 5

The Speech or Debate Clause does not apply to state legislators, but under the principles of federalism, state legislators are immune from liability for actions within the sphere of legitimate legislative activity.