Donald Trump on Tuesday filed a U.S. Supreme Court brief in his bid for criminal immunity for trying to overturn his 2020 election loss, arguing that a former president enjoys “absolute immunity from criminal prosecution for his official acts.”
The case is due to be argued before the justices on April 25. Trump has appealed a lower court’s rejection of his request to be shielded from the criminal case being pursued by Special Counsel Jack Smith because he was serving as president when he took the actions at the center of the case.
The filing advances arguments similar to ones Trump’s lawyers previously have made and echoes statements he has made on the campaign trail as he seeks to regain the presidency.
“The president cannot function, and the presidency itself cannot retain its vital independence, if the president faces criminal prosecution for official acts once he leaves office,” the filing said.
I’m not missing the point. Others are missing the reality: Biden won’t create a government that allows him to get away with it. Trump almost has.
As a practical matter, impunity works only for those who lack virtue or are willing to become the baddies out of necessity.
We can talk principles all we want. And if we do, we continue to miss the fact that Dems tend to abide laws, conventions and principles. Republicans don’t. They have the will to rule regardless of what gets trampled on the way.
People are fantasizing about how silly it is. It is one of the few checks that remained enforced when Trump was in office - separation of powers.
This isn’t diverting or silly. We just look naive.
I doubt SCOTUS would botch this, but if they do it only advantages the willing.