Numerous legal experts from all sides of the political spectrum warned of not one but countless constitutional crises regarding Trump’s claims of absolute immunity, with some predicting dark times ahead. Some even suggested that Trump’s case might lead to new laws, but almost all agree that this is uncharted territory.
White House ethics czar weighs in
Former White House ethics czar, who served in the Obama administration, attorney Norman L. Eisen, spoke to Daily Beast’s Jose Pagliery. Eisen, who was also an ambassador and works with several outlets, told Pagliery, “There is no absolute immunity to prosecution!”
The legal expert doubled down
On X, Eisen doubled down on his claims, writing, “The DC Circ’s oral argument considering Trump’s absolute immunity claim is as important a hearing as will take place this year—or any year.” In his piece for Slate, the attorney explained, “Trump’s efforts to overturn the results of an election he knew he lost do not fall within the outer perimeter of his official responsibilities as president. Not even close.”
New problems
Stanley Brand, a former House of Representatives general counsel, told ABC, “These are novel issues, and they’re going to have to create new law.” He added that things are complicated and that “some of the things that are alleged, I think, could be conceived by a court as coming within his privilege.” That would not dismiss whole cases, but “it could wind up paring the evidence and some of the allegations.”
A constitutional lawyer’s warning
Michael Waldman, a constitutional lawyer, warned in The Daily Beast interview from December, “Even if the Supreme Court doesn’t want a president always looking over his back… if they want to try to draw a line, what they can say is, ‘This was not just some random act he did while in office,” adding, “This was his attempt to overthrow the Constitution.” Waldman concluded, “This was about the presidency. You can’t use presidential immunity… to cling to the presidency.”
Law professor pointed out at GOP’s McConnell’s statement
Law professor Aziz Huq reminded ABC News readers about Senate Republican Leader Mitch McConnell’s statement following Trump’s second impeachment. Despite voting “not guilty,” the Kentucky Republican said, “impeachment was never meant to be the final forum for American justice.”
Litman joined the discussion
Harry Litman, a constitutional law professor and ex-U.S. attorney, Scott Detrow, and Domenico Montanaro talked on “Trump’s Trials” about the immunity question. Litman predicted “the craziest month maybe ever in Supreme Court history,” adding about the presidential immunity, “I don’t think it’s going to fly.”
The election integrity
On CNN, the law professor said, “I think the court of appeals is not going to be very welcoming of this general immunity argument. What he’s trying to say, basically, is he was acting as president, not as a candidate, not trying to do anything wrong, just looking out for the election integrity.”
It delays the trials
Litman noted, “It does delay the start of the trial, and in that sense, he gets an important advantage on one level.” However, there is still time, “Plenty of time before the election, though; not plenty of time before he secures the nomination. But, that, to me, is coming at him with the most seriousness.”
“Historic legal battles”
Pagliery, in his article titled, “The Constitutional Crises of Donald Trump Have Arrived,” writes that a “long-feared clash between Donald Trump and the U.S. Constitution” arrived and added that it will be filled with “several historic legal battles” regarding presidential accountability.
Michelle Obama is “terrified”
The former first lady and Harvard Law School graduate spoke on the podcast “On Purpose” and expressed she’s “terrified about what could possibly happen.” Obama added, “We cannot take this democracy for granted.”
“A sure loser”
“Trump’s claim of absolute immunity for his actions to try to subvert the results of the 2020 electoral given the uncontested facts is preposterous, nonsensical, and a sure loser,” commented Bennett Gershman, a former New York prosecutor and law professor to Salon.
“King of America”
“While monarchs may claim absolute immunity, Trump was not king, however much he may have thought he was,” Gershman told Salon, adding, “If his unlawful, unconstitutional, and criminal behavior can be deemed official acts, then we must deem Trump to have been King of America. While his MAGA extremists might like that, that’s not how America works.”
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