Examining the Implications of Trump's Second Term on Presidential Authority
Trump's second term bid challenges democratic norms with claims of unchecked power and anti-democratic rhetoric, while a judge's ruling undermines his theory of post-presidential immunity
Donald Trump is emphasizing the significant decision that voters may face next year, making expansive claims of unchecked presidential power and more unapologetic anti-democratic rhetoric. The Republican front-runner is asserting in several court cases that as a former president, he is immune from the laws and precedents that other Americans are held to. This has significant implications not only for the pending legal actions from his first term, but also for the potential reelection and the constitutional limits on presidential power. With a narrow lead in swing-state polling over President Joe Biden, the concerns over presidential power and immunity are becoming more pressing.
The 2024 election is anticipated to be a significant turning point in American history, potentially challenging the foundational principles of US governance. Trump's unwavering belief in an all-powerful presidency reveals a potential threat to the balance of power, as he has openly declared his intention to use a second term for personal vendettas against his opponents. A victory for the twice-impeached former president could undermine the longstanding principle that presidential authority is not akin to that of a monarch.
Judge guts Trumps theory of post-presidential immunity
The judiciary might be the sole barrier against the former president, as he is confronted with four criminal trials - two of which are linked to alleged election interference stemming from his unfounded allegations of fraud in the 2020 election that he did not win. He has entered a plea of not guilty for all the charges and continues to assert his innocence.
Trump's power grab was dealt a blow last week when US District Judge Tanya Chutkan rejected his strategy in a monumental opinion. This rejected strategy was part of a federal election subversion case set to begin in March with Chutkan presiding. Trump, aiming to delay his criminal trials until after the election, is expected to appeal the decision to the Supreme Court. This would force the court to make a significant ruling on the scope of presidential power, should they choose to take up the case.
Chutkan's opinion dismantled several aspects of Trump's argument and directly challenged his view of presidential power when she conveyed that his time as Commander in Chief does not grant him the ability to evade criminal accountability.
The principle that all citizens, including presidents, are bound by the same laws and that every American is equal in the eyes of the law is a fundamental aspect of the US legal and political system. However, this is something that Trump continuously strives to undermine.
Additionally, Trump's attack on the foundation of American democracy is apparent in his efforts to portray attempts to hold him accountable for attempting to undermine the integrity of the 2020 election as a ploy by the Biden administration to unfairly influence the 2024 election.
During a campaign stop in Cedar Rapids, Iowa, on Saturday, Trump refuted arguments by Biden and other critics that his behavior poses a threat to American democracy if he is elected in the general election next year. "Joe Biden is not the defender of American democracy," he stated. "He and his people are the destroyers of American democracy and the wreckers of the American dream. With them in office, the American dream is dead, and it's sad."
Trumps main opponents are scared to raise his threat to democracy
The notion that Trump upholds democracy is preposterous. This is evident in his attempt to disrupt the well-established tradition of peaceful transitions of power following the 2020 election, the outcome of which was verified by all recounts and courts that dismissed his baseless allegations of voter fraud. Trump's tactic of projecting his own guilt onto his opponents is consistent with his character. His skill in fabricating false realities and using them as a means of wielding power is exemplified by the millions of his supporters who now believe in the unfounded claim that the 2020 election was stolen, despite overwhelming evidence to the contrary.
New signs of the former and potentially future presidents authoritarian tendencies are emerging just six weeks before the Iowa caucuses, the first Republican nominating contest. Trump's GOP rivals, who still trail him by significant margins, have hardly addressed his undemocratic language or his efforts to disregard the will of the voters in 2020. This could potentially alienate moderate voters in swing states during the general election. The former president's opponents appear to be avoiding upsetting GOP voters who support Trump's claims, reflecting the party's longstanding failure to rein in or penalize his repeated attacks on democracy.
During an extraordinary moment in Iowa on Sunday, Florida Gov. Ron DeSantis demonstrated how candidates are reluctant to bring up Trump's undemocratic behavior. The governor suggested that the ex-president's offense was not in attempting to steal an election that he lost, but in failing to do so successfully.
DeSantis stated that he will not allow others to steal an election, and will do all he can to ensure the voice of the people is heard. He expressed frustration with the inaction and complaining of others and questioned why they would allow such behavior. He also raised doubts about how effective it would be for them to act now if they did not do so while in office. Former Wyoming Rep. Liz Cheney, a Republican who has criticized Trump, stated in an interview that aired this weekend that new Republican House Speaker Mike Johnson was "absolutely" a collaborator in Trump's efforts to steal the 2020 election and criticized her party's attitude towards Trump. Her comments have had consequences for her political career.
Cheney expressed strong belief in the principles and ideals that traditionally define the Republican party. She stated on "CBS Sunday Morning" that the current Republican Party has not prioritized the Constitution, worrying that this poses a threat if the party gains the majority in January 2025.
Cheney cautioned that if Trump were reelected for a second term, he would have unrestricted power within the political system. She expressed concern that many do not realize how much control Republicans in Congress have been influenced. "One of the things that we are witnessing is a gradual shift towards dictatorship in the United States."
However, one of Trump's most loyal supporters in Washington, South Carolina Republican Sen. Lindsey Graham, told CNN's Dana Bash on "State of the Union" Sunday that he thought Cheney's actions were driven by personal animosity toward Trump.
The presidency is not a lifelong get-out-of-jail-free pass
"I believe Liz's animosity towards Trump is genuine," remarked Graham. "I can comprehend why people may disapprove of his actions and speech at times, but in terms of accomplishments and outcomes, he outperformed Biden by far. ... And if we endure four more years of this, Liz Cheney, then America will be unrecognizable, and the world will be truly ablaze."
Chutkan is not the only judge attempting to limit Trump's attempts to use his former position as a "lifelong get-out-of-jail-free pass." Another appeals court in Washington, DC, ruled on Friday that the former president could be sued in civil courts for his involvement in the January 6, 2021 riot at the US Capitol. Chief Judge Sri Srinivasan challenged Trump's belief that actions and statements while in office are immune from liability.
The opinion stated that the president does not have immunity when he acts outside the functions of his office and is subject to civil suits like any private citizen. Trump's lawyers are arguing that the indictment in Fulton County, Georgia is an attempt to interfere in the 2024 election and may not be tried until 2029 if Trump wins the next election, citing the Supremacy Clause and its duty to the president of the United States.
Trumps claims of protection based on his former role are not convincing judges, as evidenced by Chutkans opinion. Chutkan wrote that "Defendant may be subject to federal investigation, indictment, prosecution, conviction, and punishment for any criminal acts undertaken while in office," refuting Trump's attorneys' claims of presidential immunity for his election falsehoods.
Trump has consistently demonstrated his skill in manipulating the political system, and if he secures a second term in 2024, it will likely be characterized by a lack of constraints on his power, as evidenced by his current legal maneuvers.
