Former President Donald Trump’s recent proclamation on Truth Social, demanding “total immunity” from criminal prosecution, has ignited a firestorm of criticism from legal experts, with former Acting Solicitor General Neal Katyal taking a firm stance against the unprecedented claim.
On Friday, January 19, 2024, during an appearance on “The Last Word” with Ali Velshi, Katyal vehemently opposed Trump’s argument, which was originally reported by Raw Story. The controversy stems from Trump’s assertion on Thursday that a sitting president should enjoy complete immunity, even if involved in criminal activities.
In a stark, all-caps declaration on Truth Social, Trump emphasized the necessity of this immunity for a president to function effectively, stating, “A president of the United States must have full immunity, without which it would be impossible for him/her to properly function.” The former president contended that without this protection, any mistake, even if well-intended, could lead to almost certain indictment by the opposing party at the end of their term. He argued that events “crossing the line” must also fall under total immunity to avoid years of trauma in distinguishing between good and bad.
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Constitutional law expert Neal Katyal swiftly criticized Trump’s assertion, deeming it “constitutionally absurd and totally ahistorical.” Katyal argued that the idea of absolute immunity for the president contradicts fundamental constitutional principles and the nation’s historical context, stating, “Our entire Constitution is structured around the principle that the king can do wrong, that he doesn’t have immunity, that you can go after the highest leaders of our government.”
Characterizing Trump’s claim as disrespectful to the Constitution, Katyal stated, “He is spitting on our Constitution. He is spitting on our rule of law. And I cannot think of a more disqualifying statement from a candidate for the high office.”
Emphasizing the unprecedented nature of Trump’s demand, Katyal highlighted that in the history of the United States, no president has ever asserted absolute immunity from criminal law. “We have had 46 presidents; no one has claimed absolute immunity from the criminal law,” he remarked. “And now Donald Trump comes along and does so.”
