Key Legal and Constitutional Issues

• Separation of Powers: Whether immunity would upset the balance between executive, legislative, and judicial branches
• Accountability vs. Functionality: Tension between holding leaders accountable and allowing them to govern without constant legal threats
• Precedent Setting: How immunity decisions would affect future presidential conduct and legal expectations
• Scope of Immunity: Whether immunity should apply to all official acts or only specific presidential functions
• Criminal vs. Civil Liability: Different considerations for criminal prosecution versus civil lawsuits

Historical Context

• Supreme Court precedent (Nixon v. Fitzgerald) grants qualified immunity for official acts
• No historical precedent for absolute immunity from criminal prosecution
• Previous presidents have faced subpoenas and legal scrutiny after leaving office

Practical Considerations

• Risk of politicizing the justice system through selective prosecution
• Potential for frivolous lawsuits against former presidents
• Impact on a president's decision-making during crises
• International comparisons with other democracies' approaches