In relevant part, the district court rejected Trump’s claim of executive immunity from criminal prosecution, holding that “[f]ormer Presidents enjoy no special conditions on their federal criminal liability.” United States v. Trump, — F. Supp. 3d —, 2023 WL 8359833, at *3 (D.D.C. Dec. 1, 2023). It concluded that “[t]he Constitution’s text, structure, and history do not support” the existence of such an immunity, id., and that it “would betray the public interest” to grant a former President “a categorical exemption from criminal liability” for allegedly “attempting to usurp the reins of government.” Id. at *12.
“No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of the authority which it gives.”
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