Tuesday, January 2, 2024

Presidential Immunity

   Donald Trump now claims presidential immunity from prosecution in any or all civil or criminal cases against him.
   But.
   He is no longer President.
   Trump also claims new prosecutions amount to double jeopardy because Congress failed to impeach him. Twice.
   But.
   An impeachment trial is neither a civil nor a criminal case. It is only to punish misbehavior in office, and the only punishment can be removal from office. So double jeopardy does not apply.
    Moreover, such a former official may still face criminal or civil prosecution in a court of law. That's why Richard Nixon was pardoned after he left office.
   If  he had  done nothing wrong, why did Gerald Ford issue a pardon?
   And a presidential pardon applies only to federal offenses, not to state or local issues.
   There are several court cases pending against Donald Trump, but some of them are state cases. That could be why his attorneys are trying to get them transferred to federal courts, so if he is convicted and succeeds in getting elected to another term, he could pardon himself.
   We live in interesting times.

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