What Might Give Trump’s Immunity Claim Traction

The threat of rogue prosecutors run amok may outweigh the threat of a president’s doing something despicable on his way out the White House doors.

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Former president Donald Trump attends the closing arguments in the Trump Organization civil fraud trial at New York State Supreme Court in New York City, January 11, 2024.

Shannon Stapleton/Reuters

If we granted former presidents immunity from criminal prosecution, we’d basically be saying that a president could sell a pardon with impunity.

Listening this week as the D.C. Circuit heard arguments over former president Donald Trump’s claim that he is immune from prosecution on special counsel Jack Smith’s election-interference charges, it was ironic to hear Smith’s appellate lawyer, James I. Pearce, highlight this dark potential for corrupt pardons.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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