Trump’s lawyers have invoked George Washington’s Farewell Address in arguing for “absolute immunity” from prosecution for the former president. They quoted a portion of the address that warns against the dangers of factionalism and the potential for an individual to seize power through party discord. However, they truncated Washington’s words, leaving out critical context.
The full paragraph from Washington's address paints a broader picture. Washington warned against the dangers of party domination leading to “permanent despotism,” where an individual could rise to power at the expense of public liberty. This warning aligns more closely with concerns about individuals seeking to undermine democratic processes for personal gain, rather than advocating for presidential immunity.
Experts and historians, including John Avlon and Alexis Coe, argue that Trump’s lawyers' interpretation of Washington’s words is flawed. They suggest that Washington's farewell address emphasizes accountability, the importance of following laws, and the need for parties to hold themselves accountable.
Furthermore, Trump’s legal challenges differ significantly from past presidential actions, as they stem from his refusal to accept the outcome of the 2020 election. Doris Kearns Goodwin highlights this unique aspect of Trump's legal troubles compared to those of previous presidents.
As the Supreme Court weighs in on the issue, there is speculation about the potential implications of their decision. While conservative justices seem inclined to consider immunity, the concept itself is not explicitly mentioned in the Constitution and is not a straightforward matter. Creating a new immunity rule would be unprecedented and could have significant ramifications for future presidential accountability.
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