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Wall Street Journal: Trump attorneys assert immunity from broad sweep of law

Legal filings and lawyers’ statements show attempt to put president beyond legal reach while in office.

This article originally ran in The Wall Street Journal and can be found here.
WASHINGTON—Over his nearly three years in office, lawyers representing President Trump have made numerous legal arguments that, taken as a whole, would give the president sweeping immunity—even if he were to commit murder.

An extensive review of correspondence, court documents, legal opinions and public statements from lawyers representing Mr. Trump shows the president’s attorneys have consistently pushed to put him beyond the reach of any other institution in federal, state or local government—immune to civil lawsuits, judicial orders, criminal investigations or congressional probes.

Those arguments have become even more aggressive as Mr. Trump faces numerous legal threats, including a possible impeachment in Congress, a New York state prosecutor who has subpoenaed his tax records as part of a criminal probe and a welter of civil lawsuits.

One lawyer for the president recently even suggested that Mr. Trump could shoot someone on Manhattan’s Fifth Avenue and not be investigated by local authorities, echoing a statement the president made during his 2016 campaign in which he said he wouldn’t lose any voters over such an action.

A longstanding Justice Department legal opinion says a president can’t be federally prosecuted while in office, but says nothing about being investigated, and in any case doesn’t apply to state and local efforts to enforce their own laws. Mr. Trump’s lawyers say he is beyond any such actions.

“This administration has articulated a view of presidential power in which the president is above the law,” said Erica Newland, who served in the Justice Department Office of Legal Counsel during both the Obama and Trump administrations.

Lawyers representing the president either in his personal or institutional capacity have argued that law enforcement can’t investigate the president at all; that he can shut down investigations into himself or his associates; and that obstruction-of-justice laws don’t apply to the president. (Nobody argues that presidents aren’t subject to all laws once they are out of office.)

Read the full article from the WSJ here.