Does the Constitution even apply to Donald Trump? If he wins, probably not

Donald J. Trump infamously called for the termination of the Constitution when he was seeking to be declared the “RIGHTFUL WINNER” of the 2020 election in December of that year.

“A Massive Fraud of this type and magnitude allows for the termination of all rules, regulations, and articles, even those found in the Constitution,” he wrote on Truth Social.

If Trump wins the election next month, that wouldn’t even be necessary, because the six Republican-appointed members of the Supreme Court did that for him on July 1 of this year when they decided his petition seeking immunity from prosecution in his favor in Trump v. United States.

Legal experts writing on that blasphemous decision have concentrated on the court’s distinction between a president’s “official” and “unofficial” acts. When the court found that “the President may not be prosecuted for exercising his core constitutional powers, and he is entitled to at least presumptive immunity from prosecution for his official acts,” it also found that “the president enjoys no immunity for his unofficial acts.”

Related

Wow, thank you for that, Justices Roberts, Alito, Thomas, Kavanaugh, Gorsuch and Barrett. Since the Constitution itself is utterly silent on the matter of presidential immunity, it was nice of you to create it for us.

I got down into the weeds of Roberts’ decision and some of Barrett’s concurrence, and I have to tell you that only in the Olympic sport of gymnastics have I ever seen such an ability to bend over backward while bowing before power. Within the first two dozen pages, I lost count of the number of citations of previous Supreme Court decisions and decisions by lesser courts, an obvious and extensive attempt by Roberts to be taken seriously.

Roberts' law clerks must have put in for disability pay after the time they spent paging through the impenetrable gibberish of former Supreme Court justices and other federal judges, none of whom, it should be noted, ever located the paragraph or sentence in the Constitution where the word “immunity” is found alongside the words “president” or “presidential.” Not a peep from all the “originalists,” incidentally, whose squawks could be heard for miles when the Supreme Court found, in Roe v. Wade, a right to privacy in the Constitution that they........

© Salon