The Supreme Court and Total Immunity
When Donald Trump made his claim for the total immunity of presidents, I thought it was an outrageous attempt by a guilty, out-of-touch liar making a last-ditch effort to avoid serious criminal convictions in the courts of Georgia, D.C., and Florida. I still believe that. Nevertheless, the Supreme Court’s ruling last Monday was even more outrageous. It essentially declared that all U.S. presidents are above the law, transforming the presidency into a monarchy.
SCOTUS tried to make a distinction between official, governmental acts (for which the president would be immune) and private, personal actions (for which the president could be criminally liable). At a superficial level, this sounds reasonable, but it is fraught with problems. Almost any action, if it involves any part of the governmental apparatus, can be declared official and, therefore, provide grounds for immunity.
Weaponizing the Federal Government – In the last decade, both Republicans and Democrats have accused the other side of utilizing the instruments of the government (The Department of Justice, the IRS, etc.) to take down political opponents. The prosecution of Hunter Biden and the current charges against Trump are examples of this alleged weaponization. Nevertheless, under the new SCOTUS ruling, if a sitting president gave the order to the DOJ, that act could be an official governmental action and, therefore, the president would be immune.
Trump – Applying the SCOTUS ruling to the cases against Trump, he would probably be declared immune from the charges leveled against him for his actions/inactions regarding the insurrection of January 6, 2021. He could be declared immune from charges for the mishandling of secret government documents at his Mar-a-Lago residence in Florida. He would probably be immune from the charge of overturning the election results (eg. phone call to Georgia Secretary of State Raffensperger) and so on.
Historical Precedent – This SCOTUS ruling goes against all examples in our U.S. history. The founders of our country and the signers of our Constitution had just fought a long war to break free from the “total immunity” of a king. They gave no hint that a president would be “above the law”. They knew that power can lead to corruption and that absolute power “corrupts absolutely”, and therefore they put restrictions and limits on the presidency. Former president Nixon would be provided immunity for his Watergate crime under this ruling.
Crazy Audacity – Trump made another crazy claim. He stated that he made his appeal to the Supreme Court not merely for his own protection, but also to protect Obama and Biden from criminal prosecution. It is tragic when people believe such self-serving lies. No president is above the law. Not Obama. Not Biden. Not Trump.
Lindy Scott 