Immunity for Trump IS a possibility

[Septua]

I think it will eventually hinge on whether his coup attempts are ruled to be within the "outer perimeter" of Presidential official duties.

https://en.wikipedia.org/wiki/Presidential_immunity_in_the_United_States#:~:text=The%20president%20of%20the%20United,Constitution%20or%20any%20federal%20statute.

The president of the United States enjoys absolute immunity from many lawsuits while in office; it is legally untested whether they also enjoy criminal immunity from arrest or prosecution.[a] Neither civil nor criminal immunity is explicitly granted in the Constitution or any federal statute.[1]

https://www.lawfaremedia.org/article/can-presidents-absolute-immunity-be-trumped

The key, again, is that Fitzgerald’s absolute immunity, particularly as caveated by Jones, still recognizes that there are some things a President does while he is President that simply are not part of his official duties—and for which he cannot therefore invoke the Constitution as a categorical shield from civil liability.

The problem is that Fitzgerald does not quite say what it’s cited to mean—and neither does Jones. And Donald Trump’s peculiar personality and bizarre mixing of his personal and official personas seems sure to test the parameters of the extant doctrine.

Our point is not to take a position on the strengths or weaknesses of the arguments in any one case, but to make a larger point about the doctrine—and the ever-increasing significance of its less-than-categorical immunity rule.

[Timewas]

1. If that happens

We are totally fucked.

[Mz Pip]

2. Yep.

Kind of like diplomatic immunity.

[bucolic_frolic]

3. Utter Balderdash

Coup is not official duties, coup does not support the Constitution, coup is not a designated power, coup is not an implied power.

[JohnSJ]

4. If they rule that taking part in an insurrection against the United States is within his presidential duties, the

country is finished

[Ligyron]

5. Why would inciting the interference in or stoppage of that august proceeding be a part of his "official duties".

Especially why would all that took place during the days before the event in order to prevent any police or law enforcement agencies from stopping what was advertised to be a "wild time" i.e., inviting his supporters to a wilding or a riot be needed and who ordered that?

Why would standing in front of that crowd and exhorting them to "Fight like Hell" and telling them if they didn't, they wouldn't have a country fall under his official Presidential Duties?

Ridiculous.

[onecaliberal]

6. Trying to overthrow the government is NOT the duty of any public servant.

It is a CRIME. For fucks sake. What is wrong with people?

[Fullduplexxx]

8. A little red meat for the bed wetting caucus

[Tree Lady]

9. He also did things after the presidency

Like keeping the documents, but I guess they aren't worried about the case since its his judge and in Florida.

[Emile]

12. That's your first post on DU. . .

[Septua]

11. I don't trust SCOTUS

Hopefully, the Appellate court will rule against Trump and SCOTUS declines getting involved.

[nuxvomica]

13. One part of the whole plot was the lawsuits that he lost

The legal costs were not payed out of the treasury but with private funds so they obviously weren't part of his official duties. I would guess that detail might have some bearing.

[Freethinker65]

14. His official duty was to transfer power if he lost. He lost.

No immunity for aiding a failed insurrection.

One could argue about having immunity during a term in office, the investigations (from frivolous to serious) taking away time from Presidential duties. Once no longer President those investigations could move forward.

[Chainfire]

15. They won't rule that a President has blanket immunity as long as a Democrat occupies the office.

That can will be kicked down the road until this time next year.

[Initech]

16. The GOP is totally drunk with power and out of control.

It's way past time they need to be taken down a few pegs.

[Demsrule86]

17. No offense but that is nonsense...trying to overthrow an election is not 'presidential duties.

It never could be...either.

[LetMyPeopleVote]

18. If TFG is immune, then so is President Biden