Presidential Immunity

"Better be right or your great big venture goes wrong, probably spectacularly grim" is a mnemonic to remember the values of color codes in old electronic equipment, Before the availability of integrated circuits (chips), electronic circuits were assembled from individual components soldered together, usually by hand. It was important instantly to be able to recognize the values of each component to avoid installation of the wrong one. An improper component would cause the completed device to function in unexpected, and usually undesirable, ways, if at all, regardless of anyone's opinion about how it should, or was expected to work!

A similar choice involves voting to decide on whom to incorporate into our government as its chief executive. Like an electronic circuit, the wrong choice in this case can jeopardize the entire device, in this case, the United States of America and all our citizens. Not being "right" is being wrong, and that can be catastrophic!

We are now at that point in history! The Heritage Foundation has sposored a proposal, called Project 2025, to restructure the US government, in effect to make the next Republican President a king in everything but name! Their plan would do away with our historically successful system of checks and balances in favor of blatant dictatorship. An essential element of this plan is for the sitting President to be forever completely immune from any criminal prosecution for violating the Constitution he is sworn to "preserve, protect and defend," or any other law whatever!

As this is being written, the US Supreme Court is considering a reinterpretation of existing law regarding to what extent, and how, the office of the President confers that immunity upon current and past incumbents.

The fact is, we don't need any reinterpretation! Forty five of our Presidents have functioned successfully with what we have now! The prevailing assumption thus far has been that no one is above the law! Why change that?

In his bid to be reelected, the 45th President of the United States, himself currently under indictment for 88 felonies associated with his disgraceful actions or failures before, during and after his tenure, has challenged that assumption, maintaining that the President must have "absolute immunity" from prosecution for any violation of established law. That assumption rests heavily on the well-known legal maxim that "you can indict a ham sandwich!"

That may be true, but conviction is another matter entirely! The President has the best attorneys and advisors available, both before and after making a decision. He is expected to operate within the law, that's his job! He takes a unique oath to do that! He is supposed to be the most able, reliable and trustworthy candidate available. One is not convicted for mistakes, he is convicted for deliberate violations of established law!

Like everybody else in the United States, the President enjoys the presumption of innocence and other protections of the Constitutional rights of the accused! Conviction of crimes is accomplished by a trial before a jury of one's peers, who themselves are subject to the rule of law! It requires unanimous agreement by them of guilt beyond a reasonable doubt! It may be possible to indict a ham sandwich, but no court in human history has ever convicted one!

Being a President is tough! He has to make unusual decisions with far-reaching consequences! He has to take personal risks, and make decisions often on limited information that turn out later to have been ill-advised. Nevertheless, he had Better Be Right! Such is life! The same applies, admittedly to a lesser extent, to virtually any human activity. If the doctor kills a patient through culpable negligence, he goes to prison. The police officer has a firearm to shoot criminals, but if he does so unlawfully, the same thing happens to him!

The schoolyard bully is not punished if he knocks down a classmate and makes him lose his lunch money accidentally, only if he does it on purpose!

That is why Presidents should be selected for superlative ability to Be Right. He or she should be the best we have, because our Great Big Venture is the preservation of freedom and democracy on this planet, and having that mandate Go Wrong would be Spectacularly Grim indeed!

Over the history of the United States, the current condition of Presidential immunity has evolved to its prevailing reasonable balance between the rule of law and the potential liability associated with official Presidential duties. It has worked well for honorable incumbents, and is equally likely to do so in the future. No person of integrity today need be concerned about punishment for making an honest mistake carrying out the duties of the President. There does not appear to be any rational reason to change things to make it attractive for a scoundrel to commit, or have committed, a crime, or for such a person to be elected to, or retained in, any public office!

If a candidate is afraid of the risk, if he is unsure of his preemptory ability to "faithfully execute the Office of President of the United States, and ... preserve, protect and defend the Constitution," he shouldn't run, campaign, accept election, take the oath, or oppose impeachment!

... Especially if he screwed it up the first time!

John Lindorfer April 24th, 2024