Trump’s secret plan to expand presidential immunity to ‘King George’ levels
This month, Donald Trump’s lawyers have argued in a federal appeals court that he, as a former American president, is “absolutely” immune from criminal prosecution, possibly even if he were to order the assassination of his political enemies. But the arguments that Trump’s lawyers are currently litigating in public are just a preview of Trump and his allies’ private plans to dramatically expand presidential immunity, if he defeats Joe Biden in the 2024 election.
According to two sources who have discussed the topic with the ex-president since last year, Trump and people close to him intend to expand a Nixon-era memo from the Justice Department’s Office of Legal Counsel that has effectively prohibited the department from prosecuting sitting presidents for decades. Some Trump advisers and others familiar with these discussions say they plan to have a thoroughly Trumpified OLC issue a new memo, which would advise that the department should prohibit the prosecution of presidents even after they leave office. (The existing Department of Justice memo is generally interpreted as applying to presidents only when they are in power.)
These ideas have been briefed to Trump by a handful of right-wing lawyers and longtime associates over the past several months, the two people with direct knowledge of the situation say. [Continue reading…]