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Judge Dismisses Trump's Blanket Immunity Claim: 'Presidents Are Not Kings'

Updated September 2, 2021

Although each U.S. President comes into their role with different policies and values in mind, they're often conscious enough of the conventions of the job and the checks and balances that exist between them, Congress, and the Supreme Court that constitutional crises aren't usually common occurrences.

However, that doesn't mean that legal scholars are wasting time when they debate matters such as how much power a president truly has under the right conditions. Because if someone with a wildly different administrative style comes along, those questions can suddenly become much more relevant.

And the case we'll be discussing today serves as just one example of the value of expecting the unexpected when it comes to these high-level legal matters.

Since April, Democrat members of the House of Representatives have been calling for former White House counsel Don McGahn to testify before Congress.

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As CNN reported, they're apparently seeking insight from him regarding allegations that President Donald Trump obstructed justice in investigations into Russian interference in the 2016 Presidential Election.

These suspicions were particularly heightened after former Special Counsel Robert Mueller submitted his report.

However, it seems that President Trump hasn't made it easy for Congress to get McGahn in front of them.

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Trump has argued that McGahn doesn't need to testify based on his claim that he is able to provide sweeping presidential immunity to White House officials.

On Monday, however, federal Judge Ketanji Brown Jackson ruled against this claim and has ordered McGahn to testify.

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As she wrote in her decision, "Stated simply, the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

She went on to say, "It is indisputable that current and former employees of the White House work for the People of the United States, and that they take an oath to protect and defend the Constitution of the United States."

Although the Justice Department is seeking to appeal the decision, Trump also has more than one legal iron in the fire at the moment.

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As CNN reported, the U.S. Supreme Court has blocked the release of Trump's financial records to a House committee.

Although Congress is usually empowered to request the financial records of American citizens, the Supreme Court is allowing Trump's lawyers time to prepare a brief arguing that the court should settle the matter of whether this applies to a sitting president.

So as we can see, the matter of Trump's ongoing impeachment inquiry has implications that extend beyond his actions and those of his staff.

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Whether we're referring to his claim to sweeping immunity or the matter of Congress requesting his financial records, one question remains up for debate: how much power does the president really have?

h/t: CNN

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