In so many ways, Donald Trump has repeatedly made the false assertion that he is above the law. Whether it’s a nonexistent claim of Executive Privilege or a wild declaration of “absolute immunity”, he has repeatedly floated the idea that, as president, he is immune from legal consequences for his actions.
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Executive Privilege
When the Justice Department, led by Attorney General William Barr, refused to pursue information presented in The Mueller Report, citing the longstanding practice that sitting presidents cannot be charged with crimes while in office, it gave rise to the belief that Trump could not be prosecuted for ANY crimes he may have committed while in office.
So, when the Select Committee Investigating the January 6th Insurrection came calling, Trump naturally assumed he could refuse to cooperate by citing Executive Privilege. He also assumed this applied to anyone in his orbit, Cabinet member or not. This has resulted in several Republicans either ignoring subpoenas or, when testifying, refusing to respond by citing the Fifth Amendment.
Trump was rebuffed by DC District Court Judge Tanya Chutkan with the brutal reminder that “presidents are not kings and the plaintiff is no longer president”. She further stated that Executive Privilege is the purview of the sitting president and is not a lifelong get out of jail free card.
Undeterred, Trump’s lawyers appealed to the Supreme Court, where he expected his appointees to give him a victory out of loyalty to him, and not the Constitution they swore to uphold. Instead, it was unequivocally denied with only one justice, Clarence Thomas, siding with Trump.
Now the real odyssey begins. While the committee was granted access to hundreds of documents, the task of locating them became an issue. Instead of being turned over to the National Archives, as is required by law for any presidential documents, 15 boxes of documents were located at Trump’s resort in Mar a Lago.
The Presidential Records Act decrees that these, and any other documents produced by the White House, are public property, and therefore it is illegal to retain them as personal property. This law was put into place after Richard Nixon tried to remove certain documents that were damaging to his reputation following his resignation after the Watergate scandal.
The National Archives has requested that the Justice Department investigate Trump’s handling of these documents, particularly when it was revealed that some were classified and many had to be reassembled after Trump tore them up in a possible attempt to conceal illegal actions.
While the Presidential Records Act is vague about criminal penalties, the law regarding the protection of government records is more specific. It states that whoever “willfully and unlawfully; conceals, removes, mutilates, obliterates or destroys” public records shall face imprisonment for three years, a $2,000 fine or both.
Tearing up official documents is one thing. They can be taped back together with a little patience and Scotch tape, but Trump took it to another level. He also reportedly ate them, had them burned and, if reports are true, tried to flush them down the White House toilet, requiring maintenance to be called to unplug the presidential potties.
Of course, Trump immediately responded by calling the claims “another fake story”, which of course only lends more credence to their validity. Any time he cries Fake News, you can rest assured it’s true. This transparent tactic is simply a nod to his base. Every time damaging information is revealed, his go-to response is to attack and deny.
Per usual, Trump supporters are willing to give him a pass. They are alleging that Trump didn’t know that what he was doing was illegal. It was something he had always done, as according to aides, Trump had a habit of destroying, or tearing up, documents when he was done reading them, or when he didn’t like their contents. So, since he didn’t know it was illegal, he can’t be held responsible.
While this might be acceptable for a four-year-old, it’s highly unacceptable behavior coming from someone who is supposed to be the most powerful person in the country. It also falls apart when you roll the tape on his campaign speeches. He repeatedly blasted Hillary Clinton over her missing emails, which he correctly stated were to be retained under Federal law.
Oops!
Absolute Immunity
There were a number of times Trump declared absolute immunity in order to excuse his actions. There was the investigation over his acceptance of foreign money from dignitaries who were overcharged to stay at his DC hotel, which is a violation of the Emoluments Clause.
He claimed absolute immunity when he refused to allow testimony from White House staff or provide documents to the House committee conducting his first impeachment hearings. This also meant his “perfect phone call” with the Ukrainian president was also covered.
He made the claim when Capitol Police filed lawsuits for his role in the January 6th insurrection. He also claimed his actions were protected under the First Amendment guaranteeing him Freedom of Speech.
He is claiming absolute immunity as Congress continues to probe his finances, asserting that they have no authority to investigate his conduct as a private citizen.
And now his attorneys are attempting to use this dubious defense as Trump is under Grand Jury investigation for his role in attempting to overturn the results in the Georgia presidential election. They are asserting that Trump can’t be held liable for crimes he may have committed while he was in office.
This reflects the boast he made while a candidate that he could shoot someone in the middle of Fifth Avenue and not lose any supporters. His Teflon Don experiences seem to bear this out.
Apparently he believes his claim to have lifetime immunity from COVID can also be used to escape prosecution.
Trump’s claim also is reminiscent of Richard Nixon’s interview with David Frost, when he stated “When the president does it, that means it’s not illegal”. If that were the case, why did Gerald Ford need to issue him a pardon?
It’s entirely possible that any, or all, of these actions could disqualify Trump from running again in 2024. If that’s the case, it’s not out of the realm of possibility that Trump could use his sway over the Republican Party to only back a candidate who would promise to pardon him as well.
If that were to happen, it’s highly unlikely that he, like Nixon, would simply fade into oblivion. Instead, he certainly would use the pardon to seek office once again.
There are many plates spinning in Trumpworld, but it will take only one of them to fall in order for his bubble to burst and reality to rear its ugly head. Let’s hope the nation isn’t too far gone to pull back from the brink of Civil War when this finally happens.