Former President Donald Trump Challenges Presidential Immunity, Pre-Supreme Court Showdown

  • by:
  • Source: Wayne Dupree
  • 04/21/2024
The 45th president took to his social media platform, Truth Social, to argue that if he does not have presidential immunity from criminal prosecution for his actions on January 6, 2021, then President Joe Biden does not either, ahead of a Supreme Court hearing on the matter on April 25.

"Remember that if I were to lose my presidential immunity, Crooked Joe Biden would also lose it and would undoubtedly face prosecution for his numerous actual crimes," he stated in an April 20 letter. President Trump summed up the points his lawyers will make before the Supreme Court—in his absence—in a series of tweets.

On April 25, President Trump will appear in court in New York, almost 200 miles distant, rather than the Supreme Court. President Trump must be present when a jury considers evidence in a lawsuit alleging he fabricated financial records in an effort to influence the 2016 election, according to a trial court judge. Judge Juan Merchan of the New York Supreme Court rejected President Trump's argument of presidential immunity and further decided that evidence from his administration may be shown to the jury.

The Supreme Court's decision, which followed an Air Force contractor's lawsuit against President Richard Nixon after the contractor lost his job, established presidential immunity, which is not stated in the Constitution. In civil disputes, the supreme court decided that a president has complete immunity for conduct taken even "outside" of his office. The hearing on April 25 will be unprecedented since the court has never discussed presidential immunity from criminal prosecution.

President Trump said on Truth Social that "it would be impossible for a president to properly function, putting the United States of America in great and everlasting danger" if they are not immune from criminal prosecutions.

He said that, should the Supreme Court find against President Trump, future presidents would not be "guided by the fear of retribution," as counsel had contended in court documents. They stated that setting such a precedent would enable new governments to arbitrarily prosecute their predecessors and even run campaigns based on such a pledge.

President Trump has repeatedly claimed that the four charges against him are the result of "election interference," "witch hunts," and political persecution carried out at the Biden White House's request.
He has begun to refer to them as "Biden trials" in recent media comments.

According to President Trump, his political rivals "desperately" want to see him go to jail. "The great people of America will not stand for it; he is playing a very dangerous game."

Special Counsel Jack Smith is handling two cases at the federal level and two cases at the county level. President Biden has said that he is not involved in any of these matters.

House Republicans launched an impeachment investigation after President Trump made a lengthy list of charges that President Biden might face if it is determined that presidents are not exempt from criminal prosecution. One of the charges was that Biden made personal financial gains from foreign entities by using his office.

In addition, he mentioned "the Decimation of American Wealth through the Green New Scam, and so much more," the southern border crisis—which has turned into a major campaign topic for both sides—and the withdrawal from Afghanistan, which drew harsh criticism due to the deaths of numerous Americans.

Predictions from experts indicate that the Supreme Court will rule in June, giving the case enough time to go to trial before to the November presidential elections. Earlier this year, the Supreme Court considered an appeal of a case pertaining to ballot disqualification that may have prevented President Trump from running for office in a number of states. The Court made a swift ruling within a month.


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