Foreign official immunity

Latest in Foreign official immunity

Donald Trump

Does President Trump Control Head-of-State Immunity Determinations in US Courts?

If Vladimir Putin is prosecuted or sued in the United States, is he entitled to head-of-state immunity? In the past, the U.S. government has maintained that the executive branch has the constitutional power to make foreign official immunity determinations that are binding on state and federal courts. In other words, the government’s position is that President Trump would have absolute power to decide which sitting and former government officials—including heads of state such President Putin—are immune from suit in the U.S. on a case-by-case (or even moment-to-moment) basis.

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