Supreme Court Ruling Keeps Trump Well Within the Law

Adding to their lasting panic over President Biden’s alarming performance in the presidential debate last week, Monday’s Supreme Court decision on presidential immunity sent the mainstream media and Washington Democrats into a tailspin of anger and fury.

Flippancy aside, the new Supreme Court ruling is quite limited and did not establish that any president is “above the law.” A follow-up memorandum issued by the DOJ in 2000 upheld that determination. Special counsels Leon Jaworski, Ken Starr, and Robert Mueller all deferred to those directives in their investigations of, respectively, sitting Presidents Richard Nixon, Bill Clinton and Donald Trump.

Further, impeaching a president or other high official is not time-limited to tenure in office. Trump’s second impeachment and consequent Senate trial happened after he left office in 2021, as, in the only similar case, did the 1876 impeachment trial of War Secretary William Belknap, who was tried by the Senate after he resigned.

In Trump’s case, whether the charges against him stem from “official” acts will now be decided by the same federal judge, Tanya Chutkan, who twice ruled against Trump’s motions to have the Washington case against him dismissed on constitutional grounds. If it did, why did Biden in his brief post-ruling national address lament that his opponent will likely not go to trial again before the election? If this is purely a matter of justice, and not about politics, why would the timing of the trial matter?

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