Monday, January 22, 2024

Trump's Demand for 'Total' Presidential Immunity Reflects His Authoritarian Impulses

 The former president argues that accountability is the enemy of effectiveness, both for cops and for politicians.

by JACOB SULLUM, Reason, 1.22.2024 - Donald Trump's lawyers argue that he cannot be prosecuted for his "official acts" as president, which they say included his efforts to reverse Joe Biden's election. As one judge noted when a skeptical D.C. Circuit panel probed the implications of that position earlier this month, it could literally give presidents a license to kill by ordering the assassination of their political opponents. But even that alarmingly broad understanding of presidential immunity seems modest compared to the position that Trump recently laid out in an all-caps Truth Social post.

"A PRESIDENT OF THE UNITED STATES MUST HAVE FULL IMMUNITY, WITHOUT WHICH IT WOULD BE IMPOSSIBLE FOR HIM/HER TO PROPERLY FUNCTION," Trump shouted on his social media site around 1 a.m. on Thursday. "ANY MISTAKE, EVEN IF WELL INTENDED, WOULD BE MET WITH ALMOST CERTAIN INDICTMENT BY THE OPPOSING PARTY AT TERM END. 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."

To some extent, Trump's rant echoes the argument his lawyers have made in trying to block the federal charges he faces as a result of his attempts to remain in power after he lost reelection in 2020. ... Trump, by contrast, says "ALL PRESIDENTS MUST HAVE COMPLETE & TOTAL PRESIDENTIAL IMMUNITY, OR THE AUTHORITY & DECISIVENESS OF A PRESIDENT OF THE UNITED STATES WILL BE STRIPPED & GONE FOREVER." 

Trump's concerns about the consequences of holding public officials accountable for misconduct extend beyond the prosecution of former presidents. In his Truth Social post, he likened that situation to safeguards aimed at preventing police officers from violating people's constitutional rights. "YOU CAN'T STOP POLICE FROM DOING THE JOB OF STRONG & EFFECTIVE CRIME PREVENTION BECAUSE YOU WANT TO GUARD AGAINST THE OCCASIONAL 'ROGUE COP' OR 'BAD APPLE,'" he wrote. "SOMETIMES YOU JUST HAVE TO LIVE WITH 'GREAT BUT SLIGHTLY IMPERFECT.'" (It is worth reading the full article at this link)

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