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this post was submitted on 04 Mar 2024
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I have a very strong feeling that they're going to find that the President has immunity for his official acts. That's the only question before the court in that case. However, what he was accused of doing clearly was not an official act as President but an act as a candidate in his capacity as a private citizen.
So it'll get kicked down to the district court and they'll decide that, and it will proceed. The terrible part is the timing which is partly on the Supreme Court but also largely on Merrick Garland for slow rolling everything for the first two years of the Biden administration.
That's not really the argument that the Trump legal team is making, though. They are arguing that the President of the United States has absolute immunity from civil or criminal prosecution. Absolute being the key word here. According to Trump's lawyers and Trump himself, no president would be able to do the job if they weren't allowed to bend or break the law with impunity because they'd be so tied down in the courts that they would never get anything done.
Setting aside how ridiculous that assertion is, the historical basis for presidential immunity has always been that the President does have civil immunity, although that too has some limitations (The E. Jean Carroll case, for instance) but we have never had a situation quite like the one we are in right now where the president is accused of committing felonies while in office. Theoretically, we would have tested this with Nixon, but Ford pardoned him and that was that.
I do think that they will not find that his argument has any merit, but the slow-boating and stalling on behalf of Trump and his cronies is frustrating to watch. It's almost like they want this court stuff to all coincide with the election so that they can claim they are being politically persecuted. I mean, they already are, but people are going to be sick of hearing about it by November and might be persuaded that Trump is the victim just by the inconvenient timing of the trial dates.