Let me see if I have this straight. On Tuesday, 12 May 2020, President Trump’s defense lawyer, Jay Sekulow asserted before the Supreme Court that:
“A president is not to be treated as an ordinary citizen. He has responsibilities. He is himself a branch of government. He is the only individual that is a branch of government in our federal system,” Sekulow said, “Our position is that the Constitution itself, both in structure and text, supports the position that the president would be temporarily immune from this activity from a state proceeding while he is the president of the United States.”[1]
In this same defense, President Trump’s defense team had the following dialogue with Chief Justice John Roberts:
Roberts pressed one of Trump’s lawyers, Patrick Strawbridge, on whether lawmakers can ever subpoena a president’s financial records.
“Do you concede any power in the House to subpoena personal papers of the president?” Roberts asked.
Strawbridge said it was “difficult to imagine” when that could be justified.[2]
These words appear to be very absolute and sweeping in nature. What do they mean? So, taking them at face value and extending them to a far point for the purpose of exploring where this legal idea could go if the Supreme Court accepts Mr. Trump’s position, I propose the following scenario. Mind you, it would apply to any president regardless of party.
Newsflash: President Trump has invited the following news networks to witness an important point in Constitutional law: CBS, NBC, ABC, Fox, CNN and MSNBC. They have already met him in the Rose Garden of the Whitehouse and his announcement will take place.
“Ladies and Gentlemen of the news corps and all the citizens of the United States, I am bringing my son, Barron, out now to kneel on this low pedestal. Barron, will you do so, please.”
“Yes sir.”
“Thank you. Now, what do I have in my hand?”
“A pistol.”
“Yes, that’s right, and what am I going to do with it?”
“Shoot me.”
“You’re absolutely right. You will be my supreme vindication of how I, as president of the United States, can do absolutely anything under the principles of the Constitution and the recent ruling of the Supreme Court. To wit: as president, any incumbent is above the law that governs the lives of every other citizen in this nation. In essence, I have joined the ranks of Louis XIV, Herr Hitler, Comrade Joseph Stalin and Comrade Kim Jung Un.”
“Please do so, father.”
“I am doing so now.”
BANG!
“Ladies and gentlemen, the president’s son is now lying on his pedestal in a pool of his own blood that is still steaming with the life that was within him just seconds ago. The president is now returning to the Oval Office.”
So, as I understand it, this action would not be a valid action for impeachment or trial of any sort. Nor would any other action that an incumbent president would ever take in the future.
Yep, I have it right.
Is everyone happy?
[1] Salon: News and Politics. https://www.salon.com/2020/05/12/lawyers-claim-total-immunity-in-effort-to-keep-trumps-taxes-hidden-he-is-not-an-ordinary-citizen/. 5/15/20
[2] Hurley, Lawrence; Chung, Andrew. “US Supreme Court Wary of Presidential ‘Harassment’ in Trump Finances Fight.” Reuters. https://www.reuters.com/article/us-usa-court-trump-finances/trump-lawyers-grilled-at-u-s-supreme-court-over-keeping-his-finances-secret-idUSKBN22O1F0. 5/15/20