Trump's Immunity Appeal Reflects Crucial Insights on His Second Term Ambitions
Trump's immunity appeal challenges the traditional scope of presidential power, raising questions about his intentions for a potential second term A bold move just days before the Iowa caucuses, it highlights his career of amassing power and the need to ensure presidents are not above the law
It is extraordinary that a White House candidate would appear in court just six days before the Iowa caucuses to challenge a 250-year understanding of the scope of the presidency. Yet, on Tuesday, Donald Trump will once again attempt to expand presidential powers in a high-stakes court maneuver that, if successful, would exempt him and any future presidents from the law.
The 45th president frequently expressed his belief in almost limitless powers during his time in office, and he continues to assert a possible entitlement to them. Therefore, the upcoming historic event is not entirely unexpected. The Republican front-runner for the presidential nomination has announced plans to be present at the US Court of Appeals for the District of Columbia Circuit to observe his legal team argue that he possesses "absolute immunity" from prosecution in his federal 2020 election interference case. This case, as well as an impending trial, is rooted in Trump's attempts to subvert the election results after his defeat to Joe Biden in 2020. With the timing of the case in relation to the Iowa caucuses, which mark the beginning of 2024 voting, it serves as a troubling preview of Trump's potential approach in a second term. The former president has already indicated that a possible return to the White House would be focused on "retribution," possibly challenging constitutional limits in unprecedented ways.
On Monday, Trump asserted immunity claims in Georgia, seeking to dismiss state-level criminal charges related to his attempts to undermine the election. If successful, he could not only weaken the constitutional limits on the presidency but also set a precedent for future presidents, potentially impacting the balance of power and the constraints on authoritarian behavior.
Trump has issued a stark warning about his potential response if his appeal is rejected and he returns to the White House.
"I had the right, as President of the United States and Commander in Chief, to Immunity. I wasn't campaigning, the Election was long over. I was investigating voter fraud, as is my duty, and managing our Country," Trump stated on his Truth Social network on Monday. "If I'm not granted Immunity, then Corrupt Joe Biden shouldn't be granted Immunity," Trump continued, adding, "Joe would be ready to be indicted."
Trumps made a career of amassing power
Trump is once again seeking to use his legal troubles to further his campaign message of being unfairly targeted, as he aims for a major victory in Iowa next week.
Throughout a tumultuous business career and a controversial presidency, Trump took pleasure in being the most powerful figure in any given room. As a twice-impeached, four-times-indicted ex-president, he often gives off the impression that he is exempt from the rules and laws that apply to everyone else. He has entered a not guilty plea for all criminal charges against him.
His appeal to the three-judge appellate panel is expected to reach the Supreme Court, despite special counsel Jack Smith's denied request to bypass the appellate courts and expedite the issue without comment or noted dissent. Many experts believe that Trump's appeal is a tactic to postpone his trial, originally set to commence in March, until after the upcoming November election. However, it is undeniable that this move aligns with Trump's history of trying to manipulate power to his advantage.
He claims that his efforts to challenge the 2020 election results were in line with his duties as president to uphold the Constitution and ensure the faithful execution of laws. However, it is not within the president's duties to disrupt the transfer of power, and there is no constitutional role for the president in the counting or certification of election results.
Smith, who heads the federal election investigation, cautioned in a court filing that Trump's argument could set a dangerous precedent for future presidents to abuse their power, allowing them to commit crimes to stay in office. According to Trump's interpretation, a president could avoid prosecution for such actions even after leaving office.
Judge Tanya Chutkan, who would preside over Trump's federal election trial if his appeals fail and it proceeds, seemed to sum up Trump's entire view of the presidency when she rejected his arguments in her lower court. She stated that his "four-year service as Commander in Chief did not give him the right to escape criminal accountability that applies to his fellow citizens."
The notion that Trump was, and could potentially be, above the law has been dismissed by numerous judges, as it goes against a fundamental American principle.
Chief Judge Sri Srinivasan of the appeals court in Washington, DC, recently challenged one of Trump's foundational beliefs that everything the president says or does while in office is shielded from legal action. In a recent ruling, Srinivasan determined that the former president could be held liable in civil courts for his involvement in the events surrounding the attack on the US Capitol on January 6, 2021. Srinivasan emphasized that the president does not have immunity when acting outside the duties of his office and is subject to civil suits like any other private citizen.
Presidents are not kings
The ex-president's perspective on the unchecked power of the presidency closely mirrors that of former President Richard Nixon, who was compelled to step down in the wake of the Watergate scandal in 1974. "Well, when the president does it … that means that it is not illegal," Nixon famously stated during his series of interviews with David Frost after his presidency.
During Trump's presidency, Judge Ketanji Brown Jackson, who has since been appointed to the Supreme Court by Biden, expressed her perspective on his assertion of power when she issued a ruling for White House counsel Donald McGahn to testify before the House of Representatives regarding the Russia investigation. In her ruling, Jackson referenced James Madison, Alexander Hamilton, and Alexis de Tocqueville to illustrate the role of the presidency, emphasizing that "Presidents are not kings" based on 250 years of American history.
Trump has repeatedly contested this idea, arguing that presidents wield total power. Throughout his four-year term, he consistently pushed against the limitations imposed by the courts, historical precedents, and his own White House legal team and staff. This was evident when he claimed that a phone call involving the potential use of military aid to pressure Ukrainian President Volodymyr Zelensky into announcing an investigation into Biden and his family was "perfect." Despite being impeached over this issue by the House, he was not convicted by the Senate. Trump also made similar assertions when facing evidence of him urging Republican election officials in Georgia to "find" enough votes to overturn Bidens election victory in the key swing state.
His beliefs and misconceptions about the presidency are best reflected in his statement in July 2019 that the Constitution afforded him unchecked power. "I have an Article II, where I have the right to do whatever I want as president," he said. "But I dont even talk about that." While Article II of the Constitution outlines the duties of the presidency, it does not, in standard interpretations, imply unlimited executive authority.
These arguments are crucial for resolving Trump's grave legal issues and could have far-reaching implications as a matter of constitutional law. However, given his prominent position in the GOP and his tendency to employ extreme rhetoric and strongman tactics, they also carry significant immediate political weight. Trump has made it clear that, if he were to be re-elected, he would use his presidential powers to seek an end to his legal troubles and dismantle agencies such as the FBI, which he believes are part of a "Deep State" conspiracy against him.
In a speech on Friday, Biden cautioned that Trump presented a serious danger to American democracy.
"Trump's attack on democracy is not just history. It's what he's pledging for the future. He's being upfront. He's not holding back," Biden stated.
