February 7, 2024

Trump Will Appeal to Supreme Court for Immunity Ruling

Where does presidential immunity stop and start… that is the question at hand.

So far, Trump has struck out in his quest to have absolute immunity proclaimed by the courts.

After yet another defeat on this front, Trump will appeal to the Supreme Court, where he has three justices that he appointed, in his quest to have his federal cases dismissed.

Does He Have Immunity?

After the latest court loss on the immunity front, the Trump campaign went nuclear on social media.

Trump campaign spokesman Steven Cheung stated, “If immunity is not granted to a President, every future President who leaves office will be immediately indicted by the opposing party. Without complete immunity, a President of the United States would not be able to properly function!

“Deranged Jack Smith’s prosecution of President Trump for his Presidential, official acts is unconstitutional under the doctrine of Presidential Immunity and the Separation of Powers.”

Cheung concluded, “Prosecuting a President for official acts violates the Constitution and threatens the bedrock of our Republic. President Trump respectfully disagrees with the DC Circuit’s decision and will appeal it in order to safeguard the Presidency and the Constitution.”

The question the Supreme Court will have to answer is if Trump’s actions and words during the January 6 rally that resulted in a riot at the Capitol were part of his presidential duties or if he was acting outside the purview of his office.

Donald Trump Jr. made a long post on X arguing against the decision, concluding, “If POTUS doesn’t have immunity they’ll be incapable of action for fear of future partisan reprisal. That endangers the United States and sets a terrible precedent. If this becomes the norm would a Trump DOJ prosecute Obama for droning an American? If not why not?”

I can answer that question… that would be because the ordering of the drone attack was done as an action of a president in his role as Commander in Chief against an enemy with intelligence that, at the time, supported the conclusion the convoy that was struck consisted of enemy personnel.

That intelligence was wrong, as we later found out, and it was a wedding party.

Even though the incident was horrific and a complete and utter embarrassment to our military, intelligence agencies, and the office of the President of the United States, the strike clearly fell under presidential duties.

Moving forward, was Trump appearing at the Stop the Steal rally part of his presidential duties or was Trump acting as a defeated candidate trying to overturn the election… that is the question that court will have to answer.

This will not be an easy decision for the court, and the court is also in a no-win situation, as one side will be ecstatic and the other side will discredit the court for its decision.

I do not envy a single member of that court, but I will say this…

The decision will be dictated by Justice Roberts, as in just about every case where he has crossed the aisle and sided with the liberal justices, at least one of the Trump-appointed justices has gone with him.

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