People and attorneys arguing over former President Donald Trump’s claim of presidential immunity in the election subversion case against him tend to encapsulate the situation in a single question: Is the President — in this case Trump — above the law?
Or, axiomatically, is no citizen above the law, and therefore everyone, including Trump is subjected to it? The United States Supreme Court will eventually decide whether the Constitution shields a President from prosecution for crimes he commits in office, even if it has punted Special Counsel Jack Smith’s request to decide the matter sooner rather than later.
Breaking:
— Kyle Griffin (@kylegriffin1) December 22, 2023
The Supreme Court will NOT fast-track consideration of Donald Trump's presidential immunity claim.
That means a federal appeals court in Washington will be the first to review a ruling rejecting Trump's claim of immunity.
Arguments are scheduled for Jan. 9.
The answer, to most legal minds and persons on the street is “no,” as they recognize the intent of the U.S. Constitution was to create a level playing field, and provide checks and balances between the three branches of government, two factors that would seem to preclude a decision that essentially puts the chief executive beyond the long arm of the law.
As an example of the untenable consequences of such a decision, constitutional scholar and Maryland Congressman Jamie Raskin recently asked whether Trump would be allowed to shoot or rape someone without being held to account. Raskin’s unspoken answer, in an opinion still held by the majority of Americans, is: no, the President isn’t free to shoot people without consequences.
Giving Trump’s MAGA supporters a scare, former U.S. Attorney Joyce Vance considers the far-reaching implications of a Supreme Court decision that grants Trump — as President — broad immunity, thereby allowing that all his actions to allegedly subvert the election before, during and after January 6, 2021 to be beyond the reach of the Department of Justice.
Vance, in a be-careful-what-you-wish-for moment, paints a scenario where such a decision — seemingly in favor of Trump — would allow Joe Biden to retain power no matter the results of the 2024 voting results.
Vance writes: “If the Supreme Court granted Trump’s motion, what would prevent Joe Biden or any future president from doing precisely what Trump did in 2020, but with more skill—and succeeding? Nothing. The Supreme Court would have ruled they could do no wrong.”
But what does it all mean & why should I care? My stab at explaining what yesterday's SCOTUS ruling on Trump's immunity motion puts in motion & how to debunk Trump's lies. https://t.co/WWGroBbuTy pic.twitter.com/WTgdf9Gyfw
— Joyce Alene (@JoyceWhiteVance) December 23, 2023