In a controversial move, former U.S. President Donald Trump has been quietly strategizing to significantly amplify presidential immunity, according to a report. This development correlates with his legal team’s assertion that Trump is “absolutely” immune from criminal prosecution in a federal appeals court.
What Happened: Two insiders disclosed that Trump and his trusted allies are endeavoring to augment a Nixon-era memo from the Justice Department’s Office of Legal Counsel, reported Rolling Stone on Monday.
This memo has been a protective shield against the prosecution of sitting presidents for years. The proposed memo would recommend barring the prosecution of presidents even after their tenure concludes. This strategy forms part of Trump’s broader game plan if he triumphs over Joe Biden in 2024.
The former president’s legal consultants and long-time allies have been updating him on this concept for several months. The object is to avert a recurrence of the numerous special counsel investigations and criminal prosecutions that have beset Trump since he stepped down. Despite the plan’s ambition to legally insulate the president, it could face numerous hurdles and be easily overturned by subsequent administrations.
The report also suggests that Trump’s aspiration to broaden presidential immunity could play a pivotal role in his political future and potentially influence whether he serves jail time. However, this stance has been met with skepticism by many legal authorities, including veterans from Trump’s own administration.
Former Trump White House attorney Ty Cobb has voiced criticism over the endeavor, remarking that transforming Donald Trump into a “King George” figure is the exact scenario the Constitution’s framers aimed to circumvent.
He further argued that such a viewpoint from the Department of Justice would not withstand a competent attorney general, nor be taken seriously by any individual respecting the rule of law or the Constitution.
Why It Matters: This is not the first time Trump has sought immunity. In October, he invoked presidential immunity as a defense against federal charges related to the 2020 election, according to a Benzinga article.
The following month, a U.S. District Judge ruled that Trump was not exempt from prosecution for his alleged role in undermining the 2020 election results, as reported in another Benzinga piece.
Later in December, the U.S. Supreme Court rejected an attempt to expedite a decision on Trump’s immunity claim related to the 2020 election case, a move seen as a significant victory for Trump according to another Benzinga report.
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