Trump’s immunity claim in the 2020 election case is a controversial and highly debated topic. The claim stems from the fact that no court has ever denied or granted immunity to a sitting or former president from criminal charges. This is mainly because, historically, presidents have not been subjected to such charges while in office, and once out of office, they can be prosecuted like any other citizen.
The argument for immunity is based on the idea that a sitting president should not be distracted by legal proceedings, which could impact their ability to govern effectively. On the other hand, critics argue that no one should be above the law, and that a president should not be exempt from facing criminal charges simply due to their position.
In the case of the 2020 election, Trump’s team argued that he was immune from criminal charges related to the Jan. 6 Capitol riots. However, the courts did not agree, and Trump now faces a trial in the Senate where he could potentially be convicted and removed from office.
Overall, the issue of presidential immunity is complex and divisive, with arguments on both sides. It is a subject that will likely continue to be debated as future presidents face potential criminal charges during or after their time in office.