Trump’s Claim of Immunity
Trump would like to have the Supreme Court declare that he is immune from prosecution for any act he committed while he was president. There is nothing in the Constitution to support such a claim. It goes against all reason and against all history. Even a court dominated by extreme right-wing justices is unlikely to accede to it. There’s no reason why it shouldn’t be dismissed as frivolous, an irresponsible imposition on the Court’s time.
This episode, yet to fully play out, reminds me of one of the few quotations I remember from a judicial opinion, that of judge, later United States Supreme Court Justice, Benjamin Cardozo. Holding the defendant liable in the case, he wrote: “A fiduciary is held to something higher than the standard of the market place.”
The President of the United States is without question a fiduciary, one whose duty is to uphold and protect and defend the Constitution and to serve the people. Trump should be held to something higher than the standard of the marketplace; yet he claims that he should be held to no standard at all. What a dreary pass we’ve come to that he enjoys so much support.