Old Man, criminally indicted, Trump, does not enjoy the divine right of kings
The question has come up since Trump is indicted in the DC Courts for
Trump is accused of participating in a scheme to interfere with the peaceful transfer of power after he lost the 2020 election to now-President Joe Biden. The indictment accuses Trump and six unindicted, unnamed co-conspirators of knowingly spreading lies that there was widespread “fraud in the election and that he had actually won,” ultimately leading to the Jan. 6, 2021 attack on the Capitol. Trump denies wrongdoing.
Judge Chutkan ruled on this the other day PDF
MEMORANDUM OPINION The United States has charged former President Donald J. Trump with four counts of criminal conduct that he allegedly committed during the waning days of his Presidency. See Indictment, ECF No. 1. He has moved to dismiss the charges against him based on Presidential immunity, ECF No. 74 (“Immunity Motion”), and on constitutional grounds, ECF No. 113 (“Constitutional Motion”).1 For the reasons set forth below, the court will DENY both motions.
Reading this decision is essential but if you need a great opinion to read along with it, here is Joyce Vance Civil Discourse (bolding is mine
“The Constitution’s text, structure, and history do not support that contention [that the charges should be dismissed],” she wrote in her opinion. “No court—or any other branch of government—has ever accepted it. And this court will not so hold. Whatever immunities a sitting President may enjoy, the United States has only one Chief Executive at a time, and that position does not confer a lifelong ‘get-out-of-jail-free’ pass.’
She wrote: “Defendant’s four-year service as Commander in Chief did not bestow on him the divine right of kings to evade the criminal accountability that governs his fellow citizens.” That is what his lawyers argued, that Trump was above the law. As much as the delays and the timing insert an element of uncertainty into all of this, increasingly, there are signs we have judges who believe in this fundamental American principle and are committed to putting it into action.
Judge Chutkan also ruled against Trump’s motion to dismiss on the grounds that his conduct was protected by the First Amendment. “It is well established that the First Amendment does not protect speech that is used as an instrument of a crime, and consequently the Indictment—which charges Defendant with, among other things, making statements in furtherance of a crime—does not violate Defendant’s First Amendment rights,” she wrote. In other words, if Trump pointed a gun at a random passerby and said “stick ‘em up” as a prelude to robbing them while president, he could be prosecuted for that crime and his words would be evidence of and part of the commission of the crime.
