By the letter of the law, Donald Trump will not likely end up with executive privilege in the case of the January 6th, 2021 riots. That right is decided solely by the current White House, and President Joe Biden has already noted that he’s not having it.
But, thanks to the three equal branches of government, any claims of executive privilege will likely find themselves gummed up in the judicial branch for months at a time. With the 2022 midterms less than a year away, (and with that contest appearing to be ushering in a new age of Republican rule), there is little hope that the J6 committee survives another 12 months.
Knowing this, Donald Trump just laid out a brilliant legal move that, while not likely successful in a literal sense, should buy him enough time to see the witch hunt unceremoniously cancelled ahead of any real consequences.
Attorneys for former President Donald Trump and his associates argued Monday that incendiary statements by Trump and others last Jan. 6 prior to the Capitol riot were protected speech and in line with their official duties.
In response to civil suits running parallel to Congress’ own Jan. 6 inquiry, Trump’s lawyers claimed he was acting within his official rights and had no intention to spark violence when he called on thousands of supporters to “march to the Capitol” and “fight like hell” to disrupt the Senate’s certification of the 2020 election results.
“There has never been an example of someone successfully being able to sue a president for something that happened during his term of office,” said Trump lawyer Jesse Binnall. “That absolute immunity of the presidency is very important.”
Should the motion be struck down, any number of appeals could be made, taking the case all the way to the Trump-packed Supreme Court if need be.
And, by that time, there is little hope for the Democrats that they’d still be in power.
