By Lex Greene
January 12, 2024
The current matter in question isn’t Trump’s Oval Office immunity on January 6, 2021, as the sitting President at the time, but rather, the much broader subject of Oval Office Immunity in general.
Traditional Oval Office Immunity does not pertain to a person, but rather to the Oval Office itself, and the person occupying that office at any given time. The immunity protects the office occupant from any Judicial oversight while in office. The immunity ends when the person leaves office, with one exception. If the matter at hand later pertains to events that took place while the person was the lawful occupant of the Oval Office, then immunity for that person still exists post-occupancy, as it relates to events that took place during the Oval Office term.
“In its 1867 decision Mississippi v. Johnson, the Supreme Court established that the President is largely beyond the reach of the judiciary by holding that it could not direct President Andrew Johnson in how he exercised his purely executive and political powers. The Court stated, it had no jurisdiction . . . to enjoin the President in the performance of his official duties.” SOURCE
Article II Impeachment exists as the sole means of accusing any Oval Office occupant of criminal acts as a result. The Judicial Branch has no legal jurisdiction over the Oval Office occupant, but Congress does, via Impeachment.
So, when the courts are deciding whether or not Trump enjoyed Oval Office Immunity protections as the sitting President on January 6, 2021, they will decide something much bigger than that. They will decide whether or not any Oval Office occupant has Oval Office Immunity ever again. To strip the Oval Office of these longstanding protections, they will have to overturn 247-years of history and numerous court decisions on the matter.
If the courts do that, then this single decision ends the Constitution and Bill of Rights altogether.
Because the federal government is so compromised, highly partisan, and controlled by foreign powers today, the courts are between a rock and a hard place. They will want to rule against Trump, but if they do, that ruling will have to apply to all occupants of the Oval Office.
Imagine what comes next…pandora’s box is wide open. Anyone can use the courts for political persecution against any political figure, including Obama, Biden and Harris within hours.
The US Federal Government exists solely by way of the US Constitution. If the Constitution and Bill of Rights are dead and gone, then the Federal government has no legal basis to even exist at all.
Next, who would ever want to occupy that office in the future, knowing that they can be held personally liable for actions authorized by Article II, due to mere partisan political persecutions driven by differences in policy?
I expect the high courts to get this decision right, sooner or later, on appeal to the US Supreme Court if need be. Getting this one wrong threatens the existence of our Constitutional Republic. The courts will let us know if our country still exists soon
© 2023 Lex Greene – All Rights Reserved
E-Mail Lex Greene: lexgreene23@mailfence.com
