Former President Donald Trump is continuing to harp on his demands for extensive legal protections covering the presidency that, in his imagining, should block the unfolding criminal case from Special Counsel Jack Smith over Trump’s attempts to stay in power after the last presidential election.
Obviously lumping himself with the category of (at least potential) future occupants of the White House considering his ongoing campaign for another term as president, Trump demanded again this Thursday — writing online in all-caps — so-called total immunity (meaning protection from prosecution) associated with the presidency.
“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,” Trump said on Truth Social, adding: “ALL PRESIDENTS MUST HAVE COMPLETE & TOTAL PRESIDENTIAL IMMUNITY, OR THE AUTHORITY & DECISIVENESS OF A PRESIDENT OF THE UNITED STATES WILL BE STRIPPED & GONE FOREVER. HOPEFULLY THIS WILL BE AN EASY DECISION. GOD BLESS THE SUPREME COURT!”
The dispute over Trump’s claims of extensive immunity is currently before a three-judge panel on an appeals court in Washington, D.C., but it’s expected to move upwards to the nation’s highest court after that concludes. Trump already faced blowback for the apparent suggestion from a lawyer of his that Supreme Court Justice Brett Kavanaugh is positioned to give Trump some kind of political boost as repayment for sticking with the judge through his contentious confirmation process.
The contrast between Trump’s current rhetoric and his past insistence that Barack Obama be criminally prosecuted is notable. Trump’s more recent idea of basically freeing the president from obligations to follow the law could destroy the Constitutional order assuming a president advances the law as established, though legal observers do not expect Trump will win. Still, a trial in the Smith case is on hold while all of this plays out. And the Supreme Court will separately hear oral arguments next month on whether Trump can appear on ballots under Constitutional restrictions on individuals involved with insurrection at all.
