As the Democratic Party navigates internal conflicts over President Biden’s fitness for the upcoming election, Senate Majority Leader Chuck Schumer has introduced a new scheme aimed at former President Donald Trump. Schumer’s plan centers on reclassifying Trump’s actions surrounding January 6th as “unofficial,” a move designed to circumvent the legal hurdles established by a recent Supreme Court ruling.
In late June, the Supreme Court issued a mixed opinion regarding presidential immunity. The ruling differentiated between “official” and “unofficial” acts, with the former being protected by presidential immunity and the latter not. This decision necessitates that each of Trump’s actions be litigated individually to determine their classification, setting up a protracted legal battle.
Democrats, eager to see Trump face trial before the next election, lost their minds over the ruling, as it likely delays any potential trial beyond Election Day. Schumer, being about as desperate as one can get, took to the Senate floor on Monday to propose his plan. He suggested that reclassifying all of Trump’s actions related to January 6th as “unofficial” would bypass the drawn-out court battles.
However, Schumer’s proposal raises significant constitutional questions. The separation of powers dictates that the legislature cannot unilaterally redefine what constitutes an official act of the presidency. Presidential immunity, as affirmed by the Supreme Court, cannot simply be overridden by legislative action. If Congress had the power to reclassify presidential acts arbitrarily, it would undermine the concept of immunity and disrupt the balance of power.
Moreover, any such legislation would face insurmountable opposition in the Republican-led House, rendering Schumer’s plan largely symbolic. It appears this is a desperate attempt to get Biden out of the news and get the events of January 6th in public discourse.
I can’t remember a time in my life were the Democrats have been so chaotic.
The reporting here indicates that the Dem caucus believes Biden is toast, but doesn’t have the courage to say so publicly. After eight years of imploring Republicans to stand up to Trump. pic.twitter.com/3f4VS66xNS
— Zachary D. Carter (@zachdcarter) July 9, 2024
