Legal scholar Kim Wehle, a professor at the Baltimore School of Law, has expressed apprehensions regarding the legal strategies employed by Donald Trump’s legal team in a recent court filing aimed at validating his actions pertaining to the 2020 election and the events of January 6.
As reported by Raw Story on January 4, 2024, Wehle, in a column for The Bulwark, strongly criticized the reliance of Trump’s legal defense on what she termed as Trump’s “I-was-a-king” immunity argument.
Dismissing the credibility of Trump’s immunity assertion, Wehle highlighted the absence of explicit presidential immunity in the Constitution. Nevertheless, she acknowledged the Supreme Court’s establishment of a balancing test to shield official presidential actions from routine legal challenges.
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Wehle’s analysis formed the basis of her critique of Trump’s legal team, emphasizing their perpetuation of the “Big Lie.”
At the core of the legal debate lies a court submission by Trump’s team, presenting an anonymous report purporting evidence of Trump’s victory in the 2020 election.
Wehle expressed profound concern about established attorneys from reputed firms aligning themselves with such questionable claims, which heavily rely on individuals associated with Trump and far-right entities, thus raising doubts about its credibility.
Special counsel Jack Smith’s case delves into various aspects, including Trump’s assertions of electoral fraud via tweets, his correspondence with the Justice Department regarding the election’s integrity, and efforts to influence state election officials.
Wehle interpreted these actions as indicative of Trump perceiving his viewpoint as law, regardless of factual accuracy, emphasizing the persistence of the “Big Lie” in Trump’s defense strategy even three years later.
She argued for accountability within the legal profession, stressing that the seven licensed attorneys from three prominent law firms defending Trump ought to face consequences for perpetuating this damaging narrative.
Wehle underscored the responsibility of lawyers, as officers of the court, to adhere to the rule of law, advocating that they should be held accountable for their role in upholding the “Big Lie” alongside Trump himself.
