Member-only story
Trump’s Claims of Absolute Immunity and Executive Privilege Are Doomed*
In last week’s blog post I discussed elected officials’ belief that their status elevates them above responding to subpoenas and complying with the law or being investigated after it appears they haven’t. I call it constitutional elitism — their official attempts to evade subpoenas, quash search warrants, or hide their suspected criminal activities from legitimate investigation. Displaying extraordinary hubris as super-citizens, many seek to expand the protections the Constitution grants in limited circumstances into a shield of absolute immunity from testifying or being held to account for their misconduct. Examples I cite include shadow presidential candidate Mike Pence, Senator Lindsey Graham (R-SC), and Representative Scott Perry (R-Pa).
The Constitution gives the White House occupant greater protections, however, necessarily extending wide berth for a president of the United States to carry out the office’s responsibilities. The boundaries of those protections were tested in U.S. v. Nixon and related cases and more recently in Trump v. Thompson, Trump’s failed attempt to prevent the Jan. 6 House Select Committee from obtaining records maintained by the National Archives under a claim of executive privilege.
Trump, of course, seeks to shield his unprecedented misconduct surrounding Jan. 6 and…