Trump is Not "A King" Free to Murder Opponents

WASHINGTON - July 3, 2024 - PRLog -- Although the Supreme Court's dramatic ruling on presidential immunity has already delayed Donald Trump's sentencing in New York, and will delay and possibly even derail his other pending criminal trials as well as greatly enlarge the scope of presidential powers, it is neither unexpected nor unprecedented, and does not make him a "king" nor grant him the unrestrained authority (like OO7) to kill his enemies, says public interest law professor John Banzhaf, who is no defender or supporter of the former president.
Law Professor's Complaint Leads to Investigation Into Trump's 'Find 11,800 Votes' Call (https://www.law.com/dailyreportonline/2021/02/09/law-professors-complaint-leads-to-investigation-into-trumps-find-11800-votes-call/)
Raffensperger's Office Indicated That a Complaint from George Washington University Law Professor John Banzhaf III Had Prompted the "Fact Finding and Administrative" Probe

Indeed, judges and prosecutors have long enjoyed absolute immunity for their official actions; an immunity which is "absolute" in the legal sense that it provides protection even if the person acted for a wrongful or even criminal purpose, the law professor reminds us.  Few if any have suggested that this makes all judges and all prosecutors "above the law."

But even though an immunity may be labeled as "absolute" - in the legal sense that acts done with malice, ill will, or even criminal purpose may still be immune - the "absolute immunity" is not absolute in the sense of having no exceptions or limitations.

As an interesting actual example. while most pundits were claiming that DA Mike Nifong could not be prosecuted or sued for wrongfully charging several Duke University students with rape, and even for continuing the prosecution (largely, it was claimed, to help reassure his re-election) even after uncontroverted evidence clearly showed their innocence, Professor Banzhaf successfully argued that he could be prosecuted for making unnecessary statements.

In short, while the Supreme Court did grant Trump and other presidents a vast amount of immunity, it is not as sweeping as many are complaining.  Since it has long existed for judges and prosecutors, such sweeping absolute immunity is hardly unprecedented, and doesn't necessarily make them "kings" authorized to order the murder of their political opponents as some have claimed, says Banzhaf.

JOHN F. BANZHAF III, B.S.E.E., J.D., Sc.D.
Professor of Public Interest Law
George Washington University Law School,
FAMRI Dr. William Cahan Distinguished Professor,
Fellow, World Technology Network,
Founder, Action on Smoking and Health (ASH),
2000 H Street, NW, Wash, DC 20052, USA
(202) 994-7229 // (703) 527-8418
http://banzhaf.net/  jbanzhaf3ATgmail.com  @profbanzhaf