Trump is plotting ways to make it illegal to prosecute him for all the crimes he loves to commit if he retakes the White House—and he’s tapping GOP leaders to carry out the plan, according to sources who spoke with Rolling Stone.
“Even after a second term, he doesn’t think any of this is going to end,” one source told Rolling Stone. “He doesn’t think Democrats are going to quit coming after him.”
Trump has held meetings with “several” Republican lawmakers and attorneys about passing legislation to indemnify former presidents from nonfederal prosecutions, according to Rolling Stone—an idea he probably wishes he thought of during his first term and before getting hit with a dazzling array of criminal and civil charges over and over and over and over and over again.
Sitting presidents are granted presidential immunity for actions they take in their official capacity, but that doesn’t extend beyond the presidency or apply to activities unrelated to the presidency.
Trump has previously argued—including in a case now before the Supreme Court—that he has absolute immunity on the basis that everything he did as president qualifies as an official act. This, however, doesn’t absolve him from crimes he committed prior to and after his time in office, nor does it extend to nonfederal crimes.
Trump hinted at his new scheme during a break from his hush-money trial, telling cameras Congress needs to “pass lots of laws” to prevent “things like this” (Trump being charged for crimes). Whether the ploy will work is a matter of elections: Trump would need to win in November, and Republicans would need to control the House and Senate.
Despite that, efforts have been underway to shield Trump from prosecution, including the introduction of the “No More Political Prosecutions Act” introduced to the House in 2023 by Republican Representative Russell Fry, which seeks to move state and civil cases against current and former presidents and vice presidents up to federal courts, effectively freezing those cases. Simultaneously, Trump’s team has been working to revive and expand a Nixon-era Department of Justice memo prohibiting the prosecution of sitting presidents—and former presidents.
