Jan 8, 2024 - Politics & Policy

Poll: Most Americans don't think Trump should have presidential immunity

Former President Donald Trump on Jan. 6 in Clinton, Iowa. Photo: Scott Olson/Getty Images

Most Americans don't think former President Trump should have immunity for actions he took while president, according to a new CBS News/YouGov poll.

The big picture: Trump's lawyers are seeking to get the Georgia 2020 election case dismissed, claiming he should receive "absolute immunity" from charges that he plotted to overturn the 2020 election.

  • The theory of presidential immunity from criminal charges is so far legally untested.
  • U.S. District Judge Tanya Chutkan has rejected the argument in the federal case and agreed to pause proceedings as Trump appeals the decision.

By the numbers: 64% of those polled said Trump should not have presidential immunity, while 36% said he should.

  • When polled by party, 69% of those favoring immunity for Trump are Republicans, while 32% are Independents and 14% are Democrats.

Zoom in: 2,157 U.S. adult residents were surveyed in a nationally representative sample between January 3-5, per CBS.

  • The margin of error is plus or minus 2.8 points.

Go deeper: What to know about Trump's immunity claims in the 2020 election cases

Go deeper