Chuck Schumer, Senate Majority leader, has a plan to make sure Donald Trump is in prison for the rest of his life. Schumer, who was battling Democrats over Joe Biden’s senility, moved on to another topic. He pledged to declare Trump’s January 6th actions as “unofficial.”
This comes after the Supreme Court issued a mixed ruling on the issue in late June. The court stated that “official acts” are subject to immunity, while “unofficial acts” are not. This set up a lengthy legal battle in which the special prosecutor for Trump will have to litigate each act to determine its category.
Democrats were naturally not happy with the news, as it ensured that the former president wouldn’t be tried before Election Day. The Democrats’ desired knockout blow was thwarted when the other cases against Trump were delayed similarly.
Schumer is confident he can find a way to expedite the process. On Monday, Schumer announced on the Senate floor that he wanted to reclassify Trump’s acts leading up to the 6th of January as “unofficial”, bypassing the long court battles that have been set up.
Schumer announces on Senate floor that he will work on legislation to classify former President Trump’s actions leading to the Jan. 6 attack on Congress as “unofficial” acts, so they do not qualify for immunity under recent SCOTUS ruling.
— Alex Bolton (@alexanderbolton) July 8, 2024
I don’t know what constitutional powers Schumer thinks he has to allow such a gamble to even pass muster. The separation between powers is a reality, and the legislature cannot dictate what constitutes an official act by the president. There would be no official acts if it could. A hostile Congress could decide arbitrarily to reverse such a qualification.
The legislature cannot override the Supreme Court’s ruling that presidential immunity exists. It wouldn’t be called “immunity” if it wasn’t. There is a remedy available if a president is alleged to have committed an offense that warrants punishment. Schumer and his team have failed to impeach the president for their actions on January 6.
The Republican-led House will never agree to any legislation that reclassifies Trump’s actions, so this gambit has no chance of success. This is nothing more than a way to make January 6th a hot topic. The majority of Americans have made it clear that they don’t care anymore. They want real answers to real problems and not endless political pursuits based on four-year-old events.
All of this will eventually have to be handled by the courts and it won’t happen fast. It’s unlikely to happen before November, barring a miracle. Schumer’s attempt at a shortcut is transparent, and it will fail.
