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Prosecution of former U.S. presidents

Former U.S. presidents can be arrested and prosecuted for crimes, but outcomes depend on whether alleged acts were official and on Supreme Court interpretations of presidential immunity.

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Jan 9, 2026

Can a former president be prosecuted for acts committed while in office?

Yes — a former president can be prosecuted for crimes arising from conduct while in office, but the modern legal rule is qualified: the Supreme Court held in 2024 that former presidents enjoy immunity...