Trump is not ‘above the law’ and should not receive blanket immunity, DOJ says – NPR
Former President Donald Trump speaks after returning from a break during his civil fraud trial at New York State Supreme Court on Oct. 18 in New York City. Michael M. Santiago/Getty Images hide caption
Former President Donald Trump speaks after returning from a break during his civil fraud trial at New York State Supreme Court on Oct. 18 in New York City.
The Justice Department urged a judge Thursday to reject Donald Trump's bid to dismiss the federal election interference case against him, arguing for the bedrock principle that "no one is above the law."
"He is subject to the federal criminal laws like more than 330 million other Americans, including Members of Congress, federal judges, and everyday citizens," wrote assistant special counsel James Pearce.
Earlier this month, Trump's legal team moved to dismiss four felony charges against him in Washington, D.C., on the ground that he should enjoy presidential "immunity." The Supreme Court has not ruled on such a claim of absolute immunity from a current or former president.
Trump's legal team has suggested that they may seek review of the issue before the nation's highest court, which could also help him win a delay of the trial scheduled for March 4, 2024.
But in their new filing, prosecutors wrote that the legal issue is not a close or complicated one. Rather, they said, Trump mischaracterized the allegations against him and vastly overstated the historical and constitutional support for his claims.
Under Justice Department interpretations, sitting presidents enjoy only temporary immunity from prosecution that ends after they depart the White House, the special counsel team said. To extend such protections to a former president would "effectively preclude any form of accountability for a president who commits crimes at the end of his term of office."
If the court accepts Trump's sweeping arguments, the Justice Department said, it would shield presidents who take bribes in exchange for lucrative federal contracts for their family members; presidents who instruct the FBI to plant evidence on political adversaries; and presidents who sell nuclear secrets to foreign rivals. The logic is particularly troubling in a president's second term, the special counsel team wrote, when a president no longer needs to face voters in another election, removing yet another check on his behavior.
"Immunity from criminal prosecution would be particularly inappropriate where, as here, the former president is alleged to have engaged in criminal conduct aimed at overturning the results of a presidential election in order to remain in office," assistant special counsel Pearce wrote in the filing late Thursday.
The indictment handed up by a federal grand jury placed Trump at the center of a conspiracy to overturn the election results and exploit an atmosphere that led to the storming of the U.S. Capitol on Jan. 6, 2021, injuring more than 140 law enforcement officers. Trump stands accused of conspiring against the government he once led and of violating the civil rights of millions of American voters. He has pleaded not guilty.
"Breaking 234 years of precedent, the incumbent administration has charged President Trump for acts that lie not just within the 'outer perimeter,' but at the heart of his official responsibilities as President," wrote Trump attorneys John Lauro and Todd Blanche in their Oct. 5 motion to dismiss the election interference case. "In doing so, the prosecution does not, and cannot, argue that President Trump's efforts to ensure election integrity, and to advocate for the same, were outside the scope of his duties."
In his bid to dismiss the case, Trump's lawyers argued that no other American president had faced federal criminal prosecution, putting history and tradition on the side of presidential immunity. But prosecutors said it may be that Trump's unprecedented legal problems could simply reflect his unprecedented behavior. In all, he faces criminal charges in four separate jurisdictions: Florida; Fulton County, Georgia; New York; and Washington, D.C.
Lawyers working for special counsel Jack Smith cited the words of prominent conservative legal thinkers and Republican lawmakers during Trump's impeachment, including Sen. Mitch McConnell, R-Ky., who said only weeks after the Capitol siege: "We have a criminal justice system in this country. We have civil litigation, and former presidents are not immune from being held accountable by either one."
More:
Trump is not 'above the law' and should not receive blanket immunity, DOJ says - NPR
- Trump can still serve as president if he's convicted of a crime - The Washington Post - The Washington Post - April 11th, 2024 [April 11th, 2024]
- NY AG Letitia James is not done with Donald Trump - Business Insider - April 11th, 2024 [April 11th, 2024]
- Opinion | What Worries Me Most About a Trump Presidency - The New York Times - April 11th, 2024 [April 11th, 2024]
- Joe Biden is now beating Donald Trump in the majority of polls - Newsweek - April 11th, 2024 [April 11th, 2024]
- Election Live Updates: Abortion and Inflation Raise Issues for Biden and Trump - The New York Times - April 11th, 2024 [April 11th, 2024]
- Sebastian Stan Transforms Into Young Donald Trump in The Apprentice First Look - Variety - April 11th, 2024 [April 11th, 2024]
- Donald Trump could face prison time if he is convicted in upcoming NY hush money trial - USA TODAY - April 11th, 2024 [April 11th, 2024]
- Donald Trump's Stock Has Lost More Than Half Its Value Since Going Public - Newsweek - April 11th, 2024 [April 11th, 2024]
- Donald Trump booted from prestigious list of billionaires after Truth Social parent's swan dive - Fortune - April 11th, 2024 [April 11th, 2024]
- Donald Trump Movie The Apprentice to Premiere at Cannes: First Look and What We Know - Hollywood Reporter - April 11th, 2024 [April 11th, 2024]
- Election Updates: Trump says he would not sign a federal abortion ban if elected. - The New York Times - April 11th, 2024 [April 11th, 2024]
- Trump is first ex-U.S. president on trial, but other nations have done it - The Washington Post - April 11th, 2024 [April 11th, 2024]
- 'The Apprentice' First Look: Sebastian Stan Is a Young Donald Trump Building His Empire - IndieWire - April 11th, 2024 [April 11th, 2024]
- Johnson to Join Trump at Mar-a-Lago for 'Election Integrity' Announcement - The New York Times - April 11th, 2024 [April 11th, 2024]
- Stormy Daniels, Donald Trump, and the start of the hush money trial podcast - The Guardian - April 11th, 2024 [April 11th, 2024]
- Trump fails to delay N.Y. criminal trial for a third time this week - The Washington Post - April 11th, 2024 [April 11th, 2024]
- Why Biden Raising More Money Than Trump for the 2024 Election Matters - The New York Times - April 11th, 2024 [April 11th, 2024]
- How Voters Describe the 2024 Election in One Word - The New York Times - April 11th, 2024 [April 11th, 2024]
- Donald Trump biopic and new films by Yorgos Lanthimos and Andrea Arnold to premiere at Cannes - The Guardian - April 11th, 2024 [April 11th, 2024]
- What Is Trumps Weakness? Biden Seizes on Abortion to Attack GOP Rival - Bloomberg - April 11th, 2024 [April 11th, 2024]
- Fox News Hosts Argue Over Donald Trump Going To Prison - Newsweek - April 11th, 2024 [April 11th, 2024]
- Opinion | Impromptu podcast: Columnists on presidential campaign 2024 - The Washington Post - The Washington Post - April 11th, 2024 [April 11th, 2024]
- A total eclipse of Donald Trump: First felony trial could finally humble him - Salon - April 11th, 2024 [April 11th, 2024]
- 'Donald Trump did this': New Biden abortion ad features a woman who says she almost died because of the Texas ban - NBC News - April 11th, 2024 [April 11th, 2024]
- Donald Trump Backed Over Bond Reduction - Newsweek - April 11th, 2024 [April 11th, 2024]
- Election 2024 latest news: Biden campaign keeps focus on abortion with new Arizona ad buy - The Washington Post - April 11th, 2024 [April 11th, 2024]
- Trump campaign changes election rules to try to win in 2024 - The Week - April 11th, 2024 [April 11th, 2024]
- Donald Trumps Hush-Money Trial: What to Know - TIME - April 11th, 2024 [April 11th, 2024]
- Opinion | How the Pro-Life Movements Deal With Trump Made America More Pro-Choice - The New York Times - April 11th, 2024 [April 11th, 2024]
- The Apprentice: First Look At Sebastian Stan As Donald Trump & Jeremy Strong As Roy Cohn In Cannes Competition Film - Deadline - April 11th, 2024 [April 11th, 2024]
- Donald Trump Threatens to Start a Global Protection Racket - The Nation - February 16th, 2024 [February 16th, 2024]
- Trump's New York hush-money case will start March 25. It's the first of his criminal trials - The Associated Press - February 16th, 2024 [February 16th, 2024]
- Trump's Threat to NATO Is the Scariest Kind of Gaffe: It's Real - The New Yorker - February 16th, 2024 [February 16th, 2024]
- N.Y. judge orders Trump and executives to pay $364 million in civil fraud case - NPR - February 16th, 2024 [February 16th, 2024]
- How will Donald Trump pay the $438m he owes in penalties from civil trials? - The Guardian US - February 16th, 2024 [February 16th, 2024]
- Donald Trump ordered to pay $354 million in New York real estate fraud lawsuit - USA TODAY - February 16th, 2024 [February 16th, 2024]
- Donald Trump NY case ruling: Judge rules Donald Trump, Eric and Don Jr. must pay $354 million in New York civil fraud trial - WLS-TV - February 16th, 2024 [February 16th, 2024]
- Donald Trump and associates ordered to pay $364mn in New York fraud case - Financial Times - February 16th, 2024 [February 16th, 2024]
- Donald Trump ordered to pay over $350m in New York financial fraud case - The Guardian US - February 16th, 2024 [February 16th, 2024]
- Who Is Arthur Engoron, the Judge Who Penalized Donald Trump? - The New York Times - February 16th, 2024 [February 16th, 2024]
- The Civil Fraud Ruling on Donald Trump, Annotated - The New York Times - February 16th, 2024 [February 16th, 2024]
- Donald Trump pivots Laura Ingraham town hall from Spartanburg to Greenville - Greenville News - February 16th, 2024 [February 16th, 2024]
- Trump's Harsh Punishment Was Made Possible by This New York Law - The New York Times - February 16th, 2024 [February 16th, 2024]
- Judge rules Donald Trump owes over $350M in civil fraud trial, issues 3-year ban from doing business in New York - WABC-TV - February 16th, 2024 [February 16th, 2024]
- Trump ordered to pay over $350M for business fraud - POLITICO - February 16th, 2024 [February 16th, 2024]
- After Report of Navalny Death, Haley Attacks Trump Over Past Praise for Putin - The New York Times - February 16th, 2024 [February 16th, 2024]
- Why Don Jr. and Eric Are in Trouble in the New Trump Rulingand Ivanka Is Not - Slate - February 16th, 2024 [February 16th, 2024]
- Donald Trump Hit With $355M Fraud Trial Judgment; Banned From Doing Business In New York For Years - Deadline - February 16th, 2024 [February 16th, 2024]
- Trump has been ordered to pay $447 million in damages. Can he afford it? - Vox.com - February 16th, 2024 [February 16th, 2024]
- For Trump, Friday's verdict is not just business. It's personal. - POLITICO - February 16th, 2024 [February 16th, 2024]
- READ: The Bombshell Verdict Ordering Trump to Pay $364 Million - The Daily Beast - February 16th, 2024 [February 16th, 2024]
- No, Donald Trump is not Americas Navalny - The Washington Post - February 16th, 2024 [February 16th, 2024]
- Toby Keith's 'Courtesy of the Red, White and Blue' lives on in MAGA country - NPR - February 16th, 2024 [February 16th, 2024]
- Donald Trump ordered to pay $355M, barred from NY business in civil fraud case - New York Post - February 16th, 2024 [February 16th, 2024]
- Donald Trump civil fraud ruling: The $355 million fine and business restrictions could end the Trump organization as ... - Slate - February 16th, 2024 [February 16th, 2024]
- Highlights From a Key Hearing in Trump's Manhattan Criminal Case - The New York Times - February 16th, 2024 [February 16th, 2024]
- Read the full ruling from Judge Engoron in Trump's civil fraud trial - The Washington Post - February 16th, 2024 [February 16th, 2024]
- Eric, Donald Trump Jr. face weaker penalties in fraud trial verdict - Business Insider - February 16th, 2024 [February 16th, 2024]
- How Donald Trump is making the GOP the party of Putin - MSNBC - February 16th, 2024 [February 16th, 2024]
- Trump's Bank Fraud Trial Ends With $364 Million Gut Punch - The Daily Beast - February 16th, 2024 [February 16th, 2024]
- Donald Trump faces many signs of potential political trouble; here are a few of them - USA TODAY - December 25th, 2023 [December 25th, 2023]
- Mary Trump Makes Bad Prediction for Donald Trump - Newsweek - December 25th, 2023 [December 25th, 2023]
- Where is Donald Trump facing 14th Amendment challenges? - Yahoo News - December 25th, 2023 [December 25th, 2023]
- Something Stinks: Why #TrumpSmells Is Trending On X - Yahoo Entertainment - December 25th, 2023 [December 25th, 2023]
- GOP senators who voted to acquit Trump insist they dont regret it - The Hill - December 25th, 2023 [December 25th, 2023]
- Donald Trump says he is 'not a student of Hitler,' won't rule as a dictator - ABC News - December 25th, 2023 [December 25th, 2023]
- Donald Trump calls on court to block federal 2020 election charges - The Columbus Dispatch - December 25th, 2023 [December 25th, 2023]
- Lindsey Graham warns Donald Trump could lose in 2024 if he focuses on 2020 election - USA TODAY - December 25th, 2023 [December 25th, 2023]
- Opinion | 'Donald Trump Is No Moderate' - The New York Times - December 25th, 2023 [December 25th, 2023]
- John Roberts, Donald Trump and the ghosts of Bush v. Gore - POLITICO - December 25th, 2023 [December 25th, 2023]
- How the 14th Amendment could block Donald Trump from becoming president - WBUR News - December 25th, 2023 [December 25th, 2023]
- Howey: Donald Trump and the insurrection fallout - Courier & Press - December 25th, 2023 [December 25th, 2023]
- Donald Trump's history with Adolf Hitler and his Nazi writings: ANALYSIS - ABC News - December 25th, 2023 [December 25th, 2023]
- Trump asks appeals court to toss election interference case, arguing that he's immune - NPR - December 25th, 2023 [December 25th, 2023]
- Colorado Trump ruling leads to rise in violent online rhetoric - NPR - December 25th, 2023 [December 25th, 2023]
- Trump claims he's never read Hitler's 'Mein Kampf,' as he doubles down on anti-immigrant phrase - ABC News - December 25th, 2023 [December 25th, 2023]
- GOP Floats Tucker Carlson As Donald Trump's 2024 Vice President Pick - The Daily Beast - December 25th, 2023 [December 25th, 2023]
- Trump allies and MAGA luminaries move to kill off the Haley-for-VP buzz - POLITICO - December 25th, 2023 [December 25th, 2023]
- Donald Trump said an ad used AI to make him look bad. The clips are real. - Tampa Bay Times - December 25th, 2023 [December 25th, 2023]
- Trump Asks Appeals Court to Toss Election Case on Immunity Grounds - The New York Times - December 25th, 2023 [December 25th, 2023]