By Harold Pease, Ph. D.
The words presidential immunity are not in the Constitution. What is in Article II is the required presidential oath to “faithfully execute the Office of President” and “to the best of my ability, preserve, protect and defend the Constitution.” This with, “he shall take Care that the Laws be faithfully executed,” make the president the custodian of the Constitution. Section 4, of the same Article identifies the major intolerable threats to the executive branch as “Treason, Bribery, or other High Crimes,” but requires removal “from Office on Impeachment for and conviction of.” Only the Senate could do the conviction part and it voted to acquit President Trump. A person tried twice for the same crime, which Democrats are now doing to Trump, is forbidden by Amendment 5. Have these crimes become so prevalent that presidential immunity should not protect them? Yes!
For 234 years, from the dawn of this Republic until now, no current or former president has ever been criminally prosecuted for official acts committed while serving. Trial (impeachment) and Senate conviction was seen as sufficient for any bad actors. This was unbroken tradition through 44 presidents—but none of these were accused of treason or bribery which now can be hidden behind presidential immunity.
Separation of powers is a major tenet of the Constitution with none of the three branches of government, executive, judicial or legislative having controlling power over the other two. Presidential immunity “flows directly from the exclusive, vesting clause of Article II. In 1803 Chief Justice John Marshall endorsed it, writing in Marbury v Madison that a president’s official acts “can never be examinable by the courts.” President Trump’s public statements and tweets about alleged fraud and irregularity in the federal election fall within the outer perimeter of presidential duty, to which, communicating with the public on matters of election concern is absolutely central” (X22 Reports, not cited hereafter, Ep. 3243b, Dec. 26, 2023, 39:47).
With respect to the attempt to influence the election, Trump says: “Remember, I was not campaigning – the 2020 election was LONG OVER. What I was doing, is bringing to light the fact that the election was without question Rigged and Stolen. As president and Commander-in- Chief, it was my duty to do so! If I did not do this, I would have been in violation of my oath of office, and take Care Clause, which requires the president to ‘take care that the laws be faithfully executed.’ Therefore I am entitled to total immunity, because that is exactly what I was doing— Taking Care of our country, and guarding it from Rigged and Stolen Elections (EP. 3248B, January 2, 2024, 54:21). He was the president January 6, why would he revolt against himself?
Did Joe Biden admit that he cheated in the Presidential Election of 2020? Some think he did in the following five video taped statements filmed in various settings and times throughout the campaign. 1) “We have put together the most extensive and inclusive, voter fraud organization in the history of American politics.” 2)“Folks we’ve got a lot of work to do. I don’t need you to get me elected. I need you once I am elected.” 3) “It’s no longer just who gets to vote or making it easier for eligible people to vote. It’s about who gets to count the vote or whether your vote counts at all.” 4) “It’s about who gets to count the votes and whether they should count at all.” 5) “It’s about who gets to count the vote, count the vote, count the vote. It’s about election diversion not just whether or not people get to vote. Who counts the votes.” Deep State media outlets censored the above (Assembled by Kanekoathegreat, Ep. 3248B, January 2, 2024,. 57:00). Biden is absolutely right whether these are counted by locals behind walls or in China electronically, the 2020 election was determined by who counted the votes (Ibid. 57:00).
So if presidential immunity allows the judicial branch to go after the executive branch (Trump) can he in turn, once back in office, use it on Biden, even Barack Obama, and others who actually committed treason by overthrowing the government? These wanted his taxes believing that there had to be a hidden crime in them, but found nothing. But it legitimized the Congress Oversight Committee in getting Biden’s also. How do you think we found out about Biden’s 20-plus shell companies and his receiving millions from China, Russia and Ukraine in selling influence and state secrets? This, once the Supreme Court ruled that they could have Trump’s taxes.
Trump tells Biden if I don’t get immunity neither do you. “You don’t indict your political opponent because he opposes the corrupt election which you know was corrupt. Everybody knows it was corrupt. The American people knows it was corrupt. You do not indict your political opponent.” (Ep. 3254b, January 9, 2024, 53:34). In 3 years and 3 months there has been no evidence produced that Biden won 2020 other than the cheating of that one night and before. All new evidence since, dozens of other studies and reports, documents Trump won.
The Deep State is now going after presidential immunity to get Trump. Once removed and exonerated, Trump can go after previous presidents, more fully exposing the Deep State. Trump has done nothing illegal. Removing presidential immunity is the best way to reveal the crimes of the Deep State actors more fully. In addition to overthrowing the government, Biden could be prosecuted for many actual crimes, “including illegally receiving massive amounts of money from foreign countries, including China, Ukraine, and Russia, paying off Ukraine to fire an unfriendly prosecutor, allowing millions of people to illegally enter and destroy our country, surrendering in Afghanistan, with hundreds dead, many Americans left behind, and handing over millions of dollars worth of the best military equipment anywhere on earth, the dissemination of American wealth through the green, New Scam [Deal]…” (EP. 3248B, January 2, 2024, 48:08).
Maybe if presidential immunity were removed it would end the endless Deep State wars (the industrial military complex) that President Eisenhower warned about. Perhaps fearing future lawsuits because of secret combinations for wealth and power would serve as the deterrent.
Dr. Harold Pease is a syndicated columnist and an expert on the United States Constitution. He has dedicated his career to studying the writings of the Founding Fathers and applying that knowledge to current events. He taught history and political science from this perspective for over 30 years at Taft College. Newspapers have permission to publish this column. To read more of his weekly articles, please visit www.LibertyUnderFire.org Column # 751
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