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How the Supreme Court's immunity decision affects Trump's legal cases

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How the Supreme Court's immunity decision affects Trump's legal cases

The U.S. Supreme Court ruled in a landmark decision that presidents have absolute immunity for their core constitutional powers.

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The U.S. Supreme Court ruled in a landmark decision that presidents have absolute immunity for their core constitutional powers.

The U.S. Supreme Court ruled in a landmark decision that presidents have absolute immunity for their core constitutional powers.

Mandel Ngan/AFP/Getty Images

In a landmark decision, the Supreme Court found presidents have absolute immunity for exercising their core constitutional powers and are entitled to a presumption of immunity for other official acts. The court also ruled that presidents do not have immunity for unofficial acts.

Former Deputy Assistant Attorney General Harry Litman said he was “horrified” by the opinion and added “It seems to me to restructure and reconfigure the whole relationship between the executive branch and the other branches.”

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The team at NPR’s Trump’s Trials podcast broke down what this decision means and how it may affect Trump’s legal cases.

Former U.S. President Donald Trump with attorneys Todd Blanche, left, and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024 in New York City.

Former President Donald Trump with attorneys Todd Blanche and Emil Bove attends his criminal trial at Manhattan Criminal Court on May 29, 2024, in New York.

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1. Core constitutional powers

The Supreme Court found that presidents have absolute immunity for “core constitutional powers.” This references certain powers given to the president in Article II of the Constitution, which includes being the commander in chief of the military, the ability to pardon individuals and appointing ambassadors and judges to the Supreme Court.

This means that even if the president does something that is considered illegal while exercising those core powers, he or she cannot be prosecuted for that action.

2. Official acts and presumption of immunity

The court also ruled that Trump “is entitled to at least presumptive immunity from prosecution for all his official acts.”

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What is an official act? It’s the parts of the president’s job that don’t fall under Article II, like holding press conferences or speaking with foreign leaders.

Then there’s the presumption of immunity. The court is basically saying the president deserves the benefit of the doubt when it comes to immunity for official acts and, therefore, the bar is really high to prove otherwise. Litman said the path to overcome the presumption of immunity is unknown “because [the court] gave such sketchy guidance.”

What is known is that if an action is deemed “official,” DOJ special counsel Jack Smith, who is leading the cases against Trump over federal election interference and classified documents, will have to prove that prosecuting said conduct does not infringe on the “authority and functions of the executive branch.”

3. Unofficial acts

The court did say there are actions that can be prosecuted, they just have to be unrelated to the president’s official duties. This likely won’t be a cut-and-dried situation when it comes to parsing out which of Trump’s actions were official or unofficial. To make matters more complicated, Litman explained:

“One big problem here is the court has said when you’re deciding — even if it’s an unofficial act — you cannot take into account any evidence of conduct that would be an official act.”

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Meaning that even if the act is deemed unofficial and therefore open for prosecution, Smith will not be allowed to use certain evidence if that evidence is of an official nature. The court also ruled, “courts may not inquire into the President’s motives,” so the reasoning behind any potential criminal act conducted by a president doesn’t matter and cannot be presented in a trial.

“Even things that seem very clearly unofficial could be hard to prove that they are and could always give rise to an argument that they are [official],” Litman said.

4. How this applies to Trump’s legal cases

The court’s decision is a legal win for Trump. It further delays his federal election interference case, ensuring it will not go to trial this year. It also complicates the work of prosecutors in D.C., Florida and Georgia who are working on the other pending criminal cases he is facing. They will have to go through their cases and determine whether Trump does or does not have immunity related to 54 criminal counts he faces in the three remaining cases.

“For Jack Smith’s two cases [federal election interference and classified documents case], they’re hurting, but not certainly dead,” said Litman.

This decision is also impacting Trump’s conviction in the New York hush money case. Trump was scheduled to be sentenced on July 11 after being found guilty on 34 criminal charges. But that sentencing is now delayed until Sept. 18 at the earliest.

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The bulk of the criminal actions in the hush money case did take place before Trump was president, but Litman, who attended parts of the trial, said some of the evidence against Trump is from actions after he became president. Trump’s defense team can now potentially argue that evidence should be thrown out because of the court’s ruling.

“I don’t think Judge [Juan] Merchan will credit those arguments enough to say there should be a new trial,” Litman said, speaking of the judge in that case.

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Louisiana Sen. Bill Cassidy loses in Republican primary, does not advance to runoff

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Louisiana Sen. Bill Cassidy loses in Republican primary, does not advance to runoff

One observer of the current Senate race in Louisiana noted that Sen. Bill Cassidy could lose his reelection bid.

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Sen. Bill Cassidy lost Saturday’s Louisiana Republican primary according to a race call by the Associated Press.

Cassidy, who served two terms in the Senate, was one of seven Republican senators who voted to convict President Trump after the January 6th insurrection at the Capitol. That vote put him at odds with Trump and his MAGA coalition, ultimately leading Trump to push Rep. Julia Letlow to run against Cassidy.

Cassidy’s bid for a third term was viewed as a test of Trump’s grip on the party–and of what voters want from their representatives in Washington. The primary pitted Cassidy, a veteran lawmaker, former physician and chair of the powerful Senate health committee, against Letlow, a political newcomer and a millennial MAGA loyalist.

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A detailed view of a hat that reads, Run Julia Run, is seen at a campaign event for Rep. Julia Letlow (R-LA) on May 6, 2026 in Franklinton, Louisiana.

A detailed view of a hat that reads, Run Julia Run, is seen at a campaign event for Rep. Julia Letlow (R-LA) on May 6, 2026 in Franklinton, Louisiana.

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A former college administrator, Letlow won a special election in 2021 for the House seat her late husband, Luke, was set to assume before he died from COVID in 2020.

In Congress, Letlow sponsored a bill to collect oral histories from the pandemic and has focused on education and children. She introduced the “Parents Bill of Rights Act,” which would allow parents to review classroom materials like library books and require schools to notify parents if their child requests different pronouns, locker rooms or sports teams.

She also serves on the powerful appropriations committee and has embraced Trump’s agenda.

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Letlow, who came first in Saturday’s primary, will face Louisiana state Treasurer John Fleming in the runoff on June 27. Cassidy came in third.

The election result is a victory for President Trump who has put Republican loyalty to the test on the ballot so far this year in Indiana state senate primaries and in Cassidy’s race.

Another major test of Trump’s influence comes in Kentucky’s primary on Tuesday when Republican Rep. Thomas Massie, who has found himself at odds with the president, faces a challenger endorsed by Trump.

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Brass bands in Beijing make way for sticker shock at home as Trump returns to escalating inflation

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Brass bands in Beijing make way for sticker shock at home as Trump returns to escalating inflation

WASHINGTON (AP) — President Donald Trump returned from the spectacle of a Chinese state visit to a less than welcoming U.S. economy — with the military band and garden tour in Beijing giving way to pressure over how to fix America’s escalating inflation rate.

Consumer inflation in the United States increased to 3.8% annually in April, higher than what he inherited as the Iran war and the Republican president’s own tariffs have pushed up prices. Inflation is now outpacing wage gains and effectively making workers poorer. The Cleveland Federal Reserve estimates that annual inflation could reach 4.2% in May as the war has kept oil and gasoline prices high.

Trump’s time with Chinese leader Xi Jinping appears unlikely to help the U.S. economy much, despite Trump’s claims of coming trade deals. The trip occurred as many people are voting in primaries leading into the November general election while having to absorb the rising costs of gasoline, groceries, utility bills, jewelry, women’s clothing, airplane tickets and delivery services. Democrats see the moment as a political opportunity.

“He’s returning to a dumpster fire,” said Lindsay Owens, executive director of Groundwork Collaborative, a liberal think tank focused on economic issues. “The president will not have the faith and confidence of the American people — the economy is their top issue and the president is saying, ‘You’re on your own.’”

The president’s trip to Beijing and his recent comments that indicated a tone-deafness to voters’ concerns about rising prices have suggested his focus is not on the American public and have undermined Republicans who had intended to campaign on last year’s tax cuts as helping families.

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Trump described the trip as a victory, saying on social media that Xi “congratulated me on so many tremendous successes,” as the U.S. president has praised their relationship.

Trump told reporters that Boeing would be selling 200 aircraft — and maybe even 750 “if they do a good job” — to the Chinese. He said American farmers would be “very happy” because China would be “buying billions of dollars of soybeans.”

“We had an amazing time,” Trump said as he flew home on Air Force One, and told Fox News’ Bret Baier in an interview that gasoline prices were just some “short-term pain” and would “drop like a rock” once the war ends.

Inflationary pain is not a factor in how Trump handles Iran

Trump departed from the White House for China by saying the negotiations over the Iran war depended on stopping Tehran from developing nuclear weapons. “I don’t think about Americans’ financial situation. I don’t think about anybody. I think about one thing: We cannot let Iran have a nuclear weapon,” Trump said.

That remark prompted blowback because it suggested to some that Trump cared more about challenging Iran than fighting inflation at home. Trump defended his words, telling Fox News: “That’s a perfect statement. I’d make it again.”

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The White House has since stressed that Trump is focused on inflation.

Asked later about the president’s words, Vice President JD Vance said there had been a “misrepresentation” of the remarks. White House spokesman Kush Desai said the “administration remains laser-focused on delivering growth and affordability on the homefront” while indicating actions would be taken on grocery prices.

But as Trump appeared alongside Xi, new reports back home showed inflation rising for businesses and interest rates climbing on U.S. government debt.

His comments that Boeing would sell 200 jets to China caused the company’s stock price to fall because investors had expected a larger number. There was little concrete information offered about any trade agreements reached during the summit, including Chinese purchases of U.S. exports such as liquefied natural gas and beef.

“Foreign policy wins can matter politically, but only if voters feel stability and affordability in their daily lives,” said Brittany Martinez, a former Republican congressional aide who is the executive director of Principles First, a center-right advocacy group focused on democracy issues.

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“Midterms are almost always a referendum on cost of living and public frustration, and Republicans are not immune from the same inflation and affordability pressures that hurt Democrats in recent cycles,” she added.

Democrats see Trump as vulnerable

Democratic lawmakers are seizing on Trump’s comments before his trip as proof of his indifference to lowering costs. There is potential staying power of his remarks as Americans head into Memorial Day weekend facing rising prices for the hamburgers and hot dogs to be grilled.

“What Americans do not see is any sympathy, any support, or any plan from Trump and congressional Republicans to lower costs – in fact, they see the opposite,” Senate Democratic leader Chuck Schumer of New York said Thursday.

Vance faulted the Biden administration for the inflation problem even though the inflation rate is now higher than it was when Trump returned to the White House in January 2025 with a specific mandate to fix it.

“The inflation number last month was not great,” Vance said Wednesday, but he then stressed, “We’re not seeing anything like what we saw under the Biden administration.”

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Inflation peaked at 9.1% in June 2022 under Biden, a Democrat. By the time Trump took the oath of office, it was a far more modest 3%.

Trump’s inflation challenge could get harder

The data tells a different story as higher inflation is spreading into the cost of servicing the national debt.

Over the past week, the interest rate charged on 10-year U.S. government debt jumped from 4.36% to 4.6%, an increase that implies higher costs for auto loans and mortgages.

“My fear is that the layers of supply shocks that are affecting the U.S. economy will only further feed into inflationary pressures,” said Gregory Daco, chief economist at EY-Parthenon.

Daco noted that last year’s tariff increases were now translating into higher clothing prices. With the Supreme Court ruling against Trump’s ability to impose tariffs by declaring an economic emergency, his administration is preparing a new set of import taxes for this summer.

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Daco stressed that there have been a series of supply shocks. First, tariffs cut into the supply of imports. In addition, Trump’s immigration crackdown cut into the supply of foreign-born workers. Now, the effective closure of the Strait of Hormuz has cut off the vital waterway used to ship 20% of global oil supplies.

“We’re seeing an erosion of growth,” Daco said.

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Top Drug Regulator Is Fired From the F.D.A.

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Top Drug Regulator Is Fired From the F.D.A.

Dr. Tracy Beth Hoeg, the Food and Drug Administration’s top drug regulator, said she was fired from the agency Friday after she declined to resign.

She said she did not know who had ordered her firing or why, nor whether Health Secretary Robert F. Kennedy Jr. knew of her fate. The Department of Health and Human Services did not immediately respond to a request for comment.

The departure reflected the upheaval at the F.D.A., days after the resignation of Dr. Marty Makary, the agency commissioner. Dr. Makary had become a lightning rod for critics of the agency’s decisions to reject applications for rare disease drugs and to delay a report meant to supply damaging evidence about the abortion drug mifepristone. He also spent months before his departure pushing back on the White House’s requests for him to approve more flavored vapes, the reason he ultimately cited for leaving.

Dr. Hoeg’s hiring had startled public health leaders who were familiar with her track record as a vaccine skeptic, and she played a leading role in some of the agency’s most divisive efforts during her tenure. She worked on a report that purportedly linked the deaths of children and young adults to Covid vaccines, a dossier the agency has not released publicly. She was also the co-author of a document describing Mr. Kennedy’s decision to pare the recommendations for 17 childhood vaccines down to 11.

But in an interview on Friday, Dr. Hoeg said she “stuck with the science.”

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“I am incredibly proud of the work we were doing,” Dr. Hoeg said, adding, “I’m glad that we didn’t give in to any pressures to approve drugs when it wasn’t appropriate.”

As the director of the agency’s Center for Drug Evaluation and Research, she was a political appointee in a role that had been previously occupied by career officials. An epidemiologist who was trained in the United States and Denmark, she worked on efforts to analyze drug safety and on a panel to discuss the use of serotonin reuptake inhibitors, the most widely prescribed class of antidepressants, during pregnancy. She also worked on efforts to reduce animal testing and was the agency’s liaison to an influential vaccine committee.

She made sure that her teams approved drugs only when the risk-benefit balance was favorable, she said.

The firing worsens the leadership vacuum at the F.D.A. and other agencies, with temporary leaders filling the role of commissioner, food chief and the head of the biologics center, which oversees vaccines and gene therapies. The roles of surgeon general and director of the Centers for Disease Control and Prevention are also unfilled.

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