Trump backs ‘total’ presidential immunity, even for moves that ‘cross the line’
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Former President Donald Trump argued Thursday that any commander-in-chief must have “full immunity” from prosecution, even for actions taken while in office that “cross the line.”
The 77-year-old Trump spoke out as his attorneys argue he cannot be charged for any activities during his four years in office — including his actions during the Jan. 6, 2021, Capitol riot.
“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,” Trump wrote in all caps on Truth Social.
“Even events that ‘cross the line’ must fall under total immunity, or it will be years of trauma trying to determine good from bad. There must be certainty.”
Last week, a three-judge panel on the DC Circuit Court of Appeals grilled Trump’s legal team on the presidential immunity theory.
“Could a president order SEAL Team Six to assassinate a political rival? That is an official act, an order to SEAL Team Six,” Judge Florence Pan, a Biden appointee asked at one point.
“If he were impeached and convicted first,” Trump lawyer John Sauer answered.
“So your answer is no,” Pan said, to which Sauer responded: “My answer is a qualified yes.”
Last month, US District Judge Tanya Chutkan rejected the immunity argument, determining that the presidency does not confer a lifelong “get-out-of-jail-free” pass.
Earlier this month, Trump warned that without presidential immunity, President Biden would be “ripe for indictment.” He has previously pledged to appoint a special prosecutor to evaluate the Biden family’s overseas business dealings.
In his early Thursday morning post, Trump said he hoped that “this will be an easy decision” and alluded to where the immunity case will likely end up, saying, “God bless the Supreme Court.”
“Example: you can’t stop police from doing the job of strong & effective crime prevention because you want to guard against the occasional ‘rogue cop’ or ‘bad apple.’ Sometimes you just have to live with ‘great but slightly imperfect,’” he added.
Trump further contended that without total immunity, “the authority & decisiveness of a president of the United States will be stripped & gone forever.”
The remarks caused widespread revulsion on social media.
“Just curious,” asked The Dispatch editor-in-chief Jonah Goldberg, a longtime critic of the former president. “What is the ‘serious’ Trumper explanation for why Biden can’t order Seal Team Six to take out Trump right now, given that Trump says even presidential acts that ‘cross the line’ must be immune from criminal prosecution?”
“Reminder that under Trump’s legal theory, President Biden could have Trump renditioned to a CIA black site, tortured with a diet of whole grains, fruits and veggies, and held there forever in secret,” quipped HuffPost White House correspondent S.V. Dáte, referencing the 45th president’s love of fast food.
“And Biden could never be held criminally accountable.”
“That would be an interesting argument,” X user Peter Henlein responded to Trump, “if it weren’t for the fact that America was able to not only survive, but became the greatest, wealthiest and most powerful country in human history WITHOUT everyone operating under the belief that the President was completely above the law,”
“Trump wants Full Immunity for the President. He wants a dictatorship. He represents a danger to each of you and all of your family members,” wrote former White House communications director Anthony Scaramucci.
“Presidents are employees of the American people,” added pseudonymous conservative commentator AG Hamilton. “They are entrusted with certain powers, but the idea that they should be immune from any accountability is absurd. We don’t have kings in America.
“Also, someone [please] tell the Trump team to stop posting in all caps.”
Trump is facing a total of 91 criminal counts spanning four separate indictments. He has pleaded not guilty and denied wrongdoing across the board.
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