President John Gotti
“President” Donald J. Trump had his lawyers go into court and argue that even if he did shoot someone on Fifth Avenue, nothing could be done so long as Trump is in office. It is a bold defense not grounded in fact. The Founders could not have intended that a murderous president, let’s call him John Gotti, could get into the White House and then order hits and personally murder anyone he chose, and nothing could be done until he was removed.
The Founders and early leaders had an opportunity to address murder and whether an officer of the United States could be indicted. We all know the story of the duel of Aaron Burr, Vice President at the time, who was indicted for murder. The 1973 Office of Legal Counsel Memo mentions that situation in addressing whether a Vice President might be indicted, and after making it clear nothing in the Constitution prohibits indictment of a president before impeachment. And Kenneth Starr, during the Clinton impeachment, had a memo written that a sitting president could be indicted for crimes far less than murder.
The actual exchange that took place in court yesterday, surprising the presiding judge, was:
“This is not a permanent immunity.” – Trump attorney, Consovoy.
“I’m talking about while in office.”- Judge Chin.
“No.” – Consovoy.
“Nothing could be done, that’s your position.” – Judge Chin.
“That is correct.” – Consovoy.
This is astounding, but in current Trumpland, this is what we have. At the same time, Lev Parnas is asserting executive privilege in court. A private citizen such as Parnas was never part of the Trump administration, so someone is telling him what to do. The president is spraying “legal blanks” all over the United States and hoping that one hits the bullseye in this shit show of an administration.
Daniel is a lawyer writing and teaching about SCOTUS, and is the author of the book “The Chief Justices” about the SCOTUS as seen through the center seat.