Trump suggests Supreme Court's immunity ruling will determine whether he appoints a special prosecutor to go after Biden

By 
 May 5, 2024

The Supreme Court heard arguments last month on former President Donald Trump's claim of presidential immunity from prosecution, and a ruling on that matter is expected to be issued at some point in June or July.

How the justices rule on presidential immunity will likely play a determinative factor in whether or not Trump assigns a "real special prosecutor" to go after his rival, President Joe Biden, if Trump is re-elected in November, according to his recent in-depth interview with Time magazine.

Trump's response is the embodiment of the notion that turnabout is fair play, and Democrats ought to consider themselves duly warned that they are liable to receive the same lawfare treatment they've dispensed against Trump and his supporters if the former Republican president reclaims power.

Would Trump appoint a "special prosecutor" to go after the Biden family?

During an extensive mid-April interview with an overtly biased journalist from Time magazine, former President Trump was asked if he would instruct his Department of Justice to go after those who are currently prosecuting him, as well as if he'd fire and replace any U.S. attorneys who refused to do so.

Trump largely demurred on whether he'd prosecute the prosecutors, though he did admit that he'd fire U.S. attorneys who failed to follow his orders, depending upon the situation.

The reporter then asked Trump if he "would appoint a real special prosecutor to go after Biden and his family," to which Trump replied, "Well, it depends what happens with the Supreme Court. Look, a president should have immunity. That includes Biden. If they've ruled that they don't have immunity, Biden, probably nothing to do with me, he would be prosecuted for 20 different acts, because he's created such."

Everything depends upon the Supreme Court's immunity ruling

The reporter wondered, "[I]sn’t going after your political opponents what they do in a banana republic?" Trump fired back, "That’s what’s happening now. Yeah," after which he launched into a rant about his imminent criminal trial in New York over a "non-criminal case."

"You just asked me, you know, you're talking about -- you just asked me a question and they're doing that to me!" he continued as the reporter attempted to interrupt. "Wait a minute, I haven't had a chance to do it to them. I would be inclined not to do it. I don't want to do it to them. But a lot of that's going to have to do with the Supreme Court."

The justices are "going to make a ruling on presidential immunity. If they said that a president doesn't get immunity, then Biden, I am sure, will be prosecuted for all of his crimes, because he's committed many crimes," Trump said. "If they say, on the other hand, that a president has immunity -- and I happen to think a president has to have immunity, because otherwise it's going to be just a ceremonial position -- but Biden has done so many things so badly."

"And I'm not even talking the overt crime. I'm talking about the border, allowing all of the death and destruction at the border -- allowing all of this stuff. If a president doesn't have immunity. So when you asked me that question, it depends on what the Supreme Court does," he added.

A warning for Democrats that they may get what they've given

Meanwhile, in an op-ed for The Hill, political consultant Douglas MacKinnon wrote about how "Democrats should fear 'lawfare' tactics being turned against them," and warned that, thanks to the Democratic obsession with prosecuting former President Trump and his supporters, "Unhinged partisan politics is quickly propelling our nation down the path of the normalization of the weaponization of law to take out a political opponent -- a path that is destructive to all."

He cited recent commentary on PBS from New York Times columnist David Brooks about how "if you look at democracies in decline, then it is a pattern that people in office use their power to indict and criminalize and throw in jail the people who were in office before them of the opposing party. And so we are a nation, democracy in decline" -- which MacKinnon observed, "perfectly defines what the Democrats are now trying to do to Trump."

Pondering what might occur when the political shoe of power is on the other foot, MacKinnon wrote, "There has already been open speculation by conservative and Republican pundits that red state attorneys general, district attorneys, and prosecutors should employ the exact same tactics the Democrats are using to go after Trump to investigate Hillary Clinton, former President Barack Obama, and President Biden."

"As counterintuitive or sacrilegious as it may seem to most on the left, Democrats need to defend Trump against this lawfare so they can protect themselves in the near future," he added. "Whether they see it or not, there is a massive storm brewing and coming their way. A storm whose clouds were seeded by the Democrats."

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