Held:  A sitting President may be sued for his unofficial acts.  Although Fitzgerald lends support to immunity for official acts, there is no support for immunity for unofficial acts.  Since immunities are “grounded in the nature of the function performed, not the identity of the actor,” the immunity for official acts is rational.  The fact that the judiciary’s exercise of power might place a burden on President, is not enough to make the action unconstitutional.  Court held that to get that postponement, the President would have to show very good cause.

–    Immunity is grounded in the “nature of the function performed [and] not the identity of the actors who perform it.