If Donald Trump is re-elected in 2024, his close advisors reportedly aim to alter the Department of Justice’s Office of Legal Counsel. This move would essentially give him carte blanche to operate without legal repercussions, Rolling Stone’s exclusive story suggests.
Trump’s DOJ Agenda
According to the report, MAGA advisors and lawyers are planning to diminish the DOJ’s autonomy by making the OLC more subservient to Trump. The report highlights the DOJ’s reliance on the OLC for legal guidance on criminal investigations.
Undermining DOJ Independence
By undermining its independence, the OLC might unfairly favor Trump. Furthermore, if the Supreme Court dismisses Trump’s current claims of presidential immunity, manipulating the OLC and DOJ could prevent any investigation or charges against the president, effectively bypassing the court’s decision.
Seeking Presidential Immunity
Rolling Stone reports that Trump’s team aims to secure his post-presidency legal immunity, primarily through strategic staffing during a second term.
The plan includes appointing a loyal attorney general and filling the DOJ with pre-screened, MAGA-aligned lawyers, effectively dismantling federal cases against him.
From Fantasy to Reality
The report continued, “Several of these preliminary plans — some of which have been briefed to Trump and were devised by lawyers and MAGA diehards hoping for jobs in a second Trump administration — involve wielding the Justice Department to try to turn the ex-president’s fantasy of ‘total’ legal immunity into something closer to reality.”
A Supreme Court Reversal
Trump’s legal immunity strategy could face a snag after his presidency. His successor might revamp the DOJ, appointing officials opposed to Trump, which could revive the possibility of an adverse Supreme Court ruling.
Bold Immunity Claim in Court
This month, Trump’s lawyers contended in a federal appeals court that he has ‘absolute’ immunity from criminal prosecution, even for extreme actions like ordering assassinations.
These public legal battles foreshadow Trump and his allies’ private ambitions to drastically extend presidential immunity if he wins the 2024 election against Joe Biden.
A New Nixon-Era Memo?
Sources close to Trump reveal plans to expand a Nixon-era DOJ memo, traditionally preventing the prosecution of sitting presidents, to also cover former presidents. Trump’s team envisions a revised OLC memo under a ‘Trumpified’ OLC, advising against prosecuting presidents even post-tenure.
Trump’s DOJ Maneuvers
A select group of right-wing lawyers and long-time associates have briefed Trump on these legal immunity strategies in recent months, according to two informed sources.
Dodging Legal Hurdles
Since his departure from the White House, Trump has faced multiple special counsel investigations and criminal prosecutions. His team’s goal for a potential second term is to prevent a recurrence of such legal challenges.
Trump’s OLC Strategy
The proposed OLC legal shield, a key element of Trump’s legal strategy, faces questions about its effectiveness. Currently, a federal appeals court in Washington, D.C., is reviewing similar arguments made by Trump’s lawyers, related to the special counsel’s investigation into election interference.
The court seems unconvinced.
A Political Earthquake?
Regardless of the outcome, this attempt to establish an immunity memo would pose a significant challenge to America’s political and legal systems. This information comes from interviews with two sources who recently spoke with Trump, a conservative lawyer with ties to the Trump family, and documents examined by Rolling Stone.
Historical Context
The 1973 OLC memo, which Trump’s advisors wish to expand, doesn’t have legal force but has been a guideline for handling presidential crimes since Nixon’s presidency. This memo and a 2000 update under Bill Clinton have informed the Justice Department’s stance, previously shielding Trump during Mueller’s investigation into the 2016 election.
All-Caps Immunity Declaration
Trump’s recent actions suggest he prioritizes securing broad presidential immunity for himself over pursuing any actions against Biden. In a strongly worded all-caps social media post, Trump emphasized, “EVEN EVENTS THAT ‘CROSS THE LINE’ MUST FALL UNDER TOTAL IMMUNITY, OR IT WILL BE YEARS OF TRAUMA TRYING TO DETERMINE GOOD FROM BAD.”
‘GOD BLESS THE SUPREME COURT!’
The former president continued, “ALL PRESIDENTS MUST HAVE COMPLETE & TOTAL PRESIDENTIAL IMMUNITY, OR THE AUTHORITY & DECISIVENESS OF A PRESIDENT OF THE UNITED STATES WILL BE STRIPPED & GONE FOREVER … GOD BLESS THE SUPREME COURT!”
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