Trump would like to have this card, but he needs the acceptance of the Supreme Court. We will know around the end of June or perhaps sooner, if they accept or deny his appeal for absolute immunity for actions taken as President.
The Special Counsel, Jack Smith, has submitted his brief of why Trump’s appeal should be denied. He states that there is no basis for immunity based on the history, text, and structure of the Constitution. Certainly, his supporters would like to see the Supreme Court affirm his appeal, so criminal cases involving January 6 (Georgia case and Federal January 6 case) could just disappear.
Most legal experts believe that the appeal will be denied. If Trump’s appeal is denied, the Jan 6 trial could begin in July.
Yet, this immunity case is for a former President. If Trump succeeds in being re-elected, he can claim immunity that he once enjoyed as a sitting President. At the same time, he will install loyalists in the Department of Justice, who will not only dismiss the charges against him, but use the DOJ to launch partisan attacks on Democrats including Hunter Biden.
This is the retribution plan, and it should never be allowed. It is a basic misunderstanding of government, that when a president yells “jump”, the only response is “How high?”. Yes, CEO’s can demand loyalty from their employees, but government, especially the DOJ must operate independently when investigating criminal matters involving other prior politicians.
So, I believe both the Supreme Court and the electorate must do their jobs to ensure accountability. You can not elect someone with 91 pending criminal charges as head of the executive branch with the obligation to faithfully enforce the laws of our country. One can not pick and choose which laws to obey.
With absolute immunity, while every law applies to the rest of us, Trump can do what he wants. Seems pretty much like a monarch. Except of course he is no longer president, and the electorate should not return him to power. His next term will be far worse.
Stay tuned,
Dave