Former President Donald Trump is advancing a sweeping view of the presidency and the legal protections they should receive.
In a post on Truth Social early Wednesday, Trump wrote, “A PRESIDENT OF THE UNITED STATES MUST HAVE FULL IMMUNITY, WITHOUT WHICH IT WOULD BE IMPOSSIBLE FOR HIM/HER TO PROPERLY FUNCTION. ANY MISTAKE, EVEN IF WELL INTENDED, WOULD BE MET WITH ALMOST CERTAIN INDICTMENT BY THE OPPOSING PARTY AT TERM END.”
“EVEN EVENTS THAT ‘CROSS THE LINE’ MUST FALL UNDER TOTAL IMMUNITY, OR IT WILL BE YEARS OF TRAUMA TRYING TO DETERMINE GOOD FROM BAD. HERE MUST BE CERTAINTY,” he insisted.
Finally, Trump claimed, “ALL PRESIDENTS MUST HAVE COMPLETE [and] TOTAL PRESIDENTIAL IMMUNITY, OR THE AUTHORITY [and] DECISIVENESS OF A PRESIDENT OF THE UNITED STATES WILL BE STRIPPED [and] GONE FOREVER. HOPEFULLY THIS WILL BE AN EASY DECISION. GOD BLESS THE SUPREME COURT!”
Trump overnight, arguing that presidents should be above the law entirely: "ALL PRESIDENTS MUST HAVE COMPLETE & TOTAL PRESIDENTIAL IMMUNITY, OR THE AUTHORITY" and "EVEN EVENTS THAT “CROSS THE LINE” MUST FALL UNDER TOTAL IMMUNITY." pic.twitter.com/z1dqo3lRbM
— Josh Wingrove (@josh_wingrove) January 18, 2024
This post is an extension of his claim he is immune from prosecution for official acts taken when he was president.
During a hearing before a panel of three judges earlier this month, Trump’s lawyers suggested there is vast protection for presidents, going so far as to suggest they should be shielded from prosecution for ordering the assassination of a political rival under certain circumstances.
Trump attorney John Sauer was asked if such immunity would cover a president ordering SEAL Team Six to kill a political rival. Sauer answered with a “qualified yes.”
He claimed the president would have to be impeached and convicted for ordering the assassination before he could be prosecuted.
By that logic, President Joe Biden could order the assassination of Trump, immediately resign to avoid impeachment and be protected from prosecution.
And it seems Trump’s argument, according to his early morning post, is that presidents should indeed be able to avoid prosecution for acts that are illegal. And he left off any kind of limiting principle on the theory.
Clearly, he is making this argument because he has concerns about the prosecutions he is facing for his acts as president. However, it is not a clear-sighted vision for the power of the presidency.
By advocating for presidents to be completely immune from legal prosecution, if his theory is accepted, he is paving the way for Biden to take unprecedented actions against him — such as ordering his assassination
Now, if Trump genuinely believes presidents should be able to order the assassination of their rivals and get away with it and wants to put it into practice, he deserves praise for his consistency and risk-taking.
But more likely than not, he’s just trying to save his butt and not worrying about the potential for it to backfire on him — that’s another problem for another day.
