Donald Trump provoked outrage with an all-capitals 2am post to his Truth Social platform in which he claimed “full”, “total” and “complete and total presidential immunity” over acts committed in office.
The comments prompted warnings that Trump intends to wield authoritarian powers should he return to the White House and come amid widespread fears that any Trump victory in the 2024 election would pose a dire threat to American democracy.
After a crushing win in the Iowa caucuses on Monday, Trump is widely expected to easily grasp the Republican presidential nomination and is competitive with, or sometimes ahead of, Joe Biden in most polling.
Ruth Ben-Ghiat, a New York University historian who studies authoritarian leaders, said: “Trump is telling Americans very clearly that he will be jailing and killing Americans [if he returns to office next year].
“Anyone who votes for him is complicit with these future crimes because of this transparency and these threats. Americans cannot say they did not know ahead of time.”
Joe Walsh, a former rightwing Republican congressman turned Trump opponent, spoke to his party’s voters when he said: “A president with ‘full immunity’ is a king, is a dictator. He’s telling us what he wants. Is this what you want?”
Trump wrote: “A president of the United States must have full immunity, without which it would be impossible for him [or] her to properly function. Any mistake, even if well intended, would be met by almost certain indictment by the opposing party at term end.
“Even events that ‘cross the line’ must fall under total immunity, or it will be years of trauma trying to determine good from bad.”
Joyce Vance, a former US attorney now a law professor at the University of Alabama, said: “One of the obvious problems with this (just one of them), is that no former president has ever been indicted. Just Trump.”
Indicted four times, Trump faces 91 criminal charges, concerning election subversion (four federal and 13 state charges), retention of classified information (40, federal) and hush-money payments (34, state).
He also faces attempts to remove him from the ballot for inciting an insurrection and civil suits concerning his businesses and a defamation claim arising from a rape allegation a judge called “substantially true”.
Regardless, Trump leads Republican presidential polling by vast margins, having won in Iowa this week and standing poised to win in New Hampshire next Tuesday.
His complaint on Thursday concerned arguments in his federal election subversion case, in which a DC appeals court is due to rule on the immunity claim.
A hearing last week produced the spectacle of lawyers for Trump saying a president who ordered special forces units to kill political opponents could only be brought to account if impeached and convicted by Congress.
Trump incited the January 6 attack on Congress, an attempt to stop certification of his 2020 defeat by Joe Biden now linked to nine deaths, including law enforcement suicides, and more than 1,200 arrests. Trump was impeached over the riot but acquitted when enough Republicans in the Senate stayed loyal.
After the DC hearing last week, Trump warned of “bedlam” if his criminal cases block a White House return.
In his Truth Social rant, Trump said: “You can’t stop police from doing the job of strong and effective crime prevention because you want to guard against the occasional ‘rogue cop’ or ‘bad apple’.”
Police officers do not enjoy blanket immunity.
Trump continued: “Sometimes you just have to live with the ‘great but slightly imperfect’. All presidents must have complete and total presidential immunity, or the authority and decisiveness of a president of the United States will be stripped and gone forever. Hopefully this [DC appeals case] will be an easy decision.”
Trump ended with an apparent appeal to another court, to which the case is headed.
“God bless the supreme court!” the former president said, of a body to which he appointed three justices, cementing a 6-3 rightwing majority.