Trump’s Most Ambitious Argument in His Bid for ‘Absolute Immunity’
Former President Donald Trump’s defense that he has absolute immunity from prosecution for actions taken in office lacks support in the Constitution. The Supreme Court has acknowledged that the Constitution does not address presidential immunity explicitly. Trump’s argument centers around the impeachment judgment clause, which states that officials impeached by the House and convicted by the Senate can face criminal prosecution; Trump asserts that this implies officials not convicted may not face prosecution. This argument will be heard in a federal appeals court. Trump maintains that a president acquitted by the Senate cannot be prosecuted for acquitted conduct. His interpretation has been criticized, with opponents suggesting that it would permit countless officials to evade criminal liability. Trump was acquitted at his second impeachment trial on charges that he incited insurrection.
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