Former President Donald Trump posted a lengthy message on his social media platform Truth Social on Thursday, arguing that the president of the United States must have “full immunity” from any legal consequences, even for actions that “cross the line”.
Trump, who is facing a federal trial for his alleged role in inciting the 2021 Capitol riot, claimed that without such immunity, it would be impossible for the president to properly function and make decisions. He compared the situation to the police, saying that sometimes one has to “live with ‘great but slightly imperfect’” rather than trying to prevent the occasional “rogue cop” or “bad apple”.
He also urged the Supreme Court to rule in his favor, saying that “all presidents must have complete & total presidential immunity, or the authority & decisiveness of a president of the United States will be stripped & gone forever”. He ended his post with “God bless the Supreme Court”.
Trump’s post, which was written in all caps, received thousands of likes and comments from his supporters on Truth Social, a platform that he created after being banned from Twitter and Facebook for spreading misinformation and inciting violence. According to its website, Truth Social is a “‘big tent’ social-media platform that encourages an open, free and honest global conversation without discriminating against political ideology”.
However, Trump’s claim of presidential immunity is not supported by the Constitution or any federal statute. The Supreme Court has ruled in Nixon v. Fitzgerald (1982) that the president has absolute immunity from civil damages actions regarding conduct within the “outer perimeter” of their duties, but in Clinton v. Jones (1997), it rejected temporary immunity for sitting presidents from suits arising from pre-presidency conduct. The question of criminal immunity has never been decided by the court, but the Department of Justice has issued memoranda (1973 and 2000) stating that a sitting president cannot be indicted or prosecuted.
Trump’s trial, which is scheduled to begin in April 2024, will test the limits of presidential immunity and the rule of law. The former president is accused of obstructing Congress, abusing his power, and conspiring to overthrow the election results by pressuring state officials, spreading false claims, and inciting his supporters to storm the Capitol on January 6, 2021. He has pleaded not guilty and denounced the trial as a “witch hunt” and a “hoax”.
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