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The President enjoys absolute immunity from civil damages liability for his official acts
as President.
The Founders never gave particular voice in the Constitution to a provision that explicitly
immunized the President, but the Supreme Court has determined that the Constitution was intended
to do so.
Nixon against Fitzgerald was a landmark case, really establishing the absolute immunity
of the President.
The case was brought by a former Air Force analyst, who was fired from his job, he said,
in retaliation for, uh, certain controversial congressional testimony he gave, that was
critical of a certain Air Force program.
The Supreme Court held that the civil damages action he brought could not be brought against
the President because the President was absolutely immune from civil damages liability for his
official acts.
The basic rationale of the case was that the separation of powers and the President's unique
authorities and responsibilities as the Chief Executive and the Commander in Chief in our
Constitutional system protected him from civil damages liability for his official acts.
The President had to be able to exercise his authority under Article II of the Constitution,
without worry of possibly creating civil damages liability to those who might be adversely
affected by his official acts.
Now, that doesn't mean that the President is above the law.
Certainly with respect to official acts the President takes, his actions can be challenged,
and they can be reviewed in court, and if they're found to have exceeded his authorities
under the Constitution or under the statutory authority that he purports to be acting under,
the President can be enjoined or his administration can be enjoined to stop, essentially, doing
the acts that are in excess of Constitutional or statutory authority.
If the President is acting in his unofficial capacity, the President can be sued for civil
damages.
We know that from a case called Clinton against Jones.
That case was brought by a woman who claimed that when the President had been Governor
of Arkansas, that he had engaged in some inappropriate sexual advances and harassment.
The Supreme Court held that the President does not have immunity from civil damages
liability for acts undertaken in his unofficial, that is in his personal capacity.
The other remedy available for acts that are deemed to exceed the President's authorities
or even, ultimately, to constitute criminal activity, is impeachment.
So, the President is never above the law.
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