I watched MSNBC anchor Lawrence O’Donnell’s show, “The Last Word” on Wednesday night December 27, 2023. News anchor O’Donnell, spoke with two guests regarding Donald Trump’s claim that “he cannot be prosecuted for trying to undo the 2020 election results, arguing that presidential immunity shields him from prosecution”.
News anchor O’Donnell and his guest discussed the possible complexity of Trump’s case that will certainly go before the U.S. Supreme Court. I say, there is no complexity here based on the information below!
First: The standard that “no one is above the law” is an essential tenet of the United States Constitution. The expression, “no one is above the law” is not explicitly mentioned in the Constitution. The expression, however, is implied in the 14th Amendment. It states that “nor deny to any person within its jurisdiction the equal protection of the laws.” This data is also reflected in the Massachusetts Constitution, which describes the government as “a government of laws and not of men”.
The code “no one is above the law” means that everyone, including government officials, is subject to the law and no one is exempt from its provisions. This code is essential for guaranteeing that the government operates within the bounds of the law and that all individuals are treated equally under the law.
Second: Also, the United States, the Fifth Amendment of the Constitution provides that “no person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”. This means that no one is above the law, and everyone is subject to the same legal system.
Trump was certainly an agent of the government during his presidency. He carried the title office of the presidency.
The President of the United States is the head of the executive branch of the federal government and serves as the Commander-in-Chief of the armed forces. The President is responsible for implementing and enforcing the laws written by Congress and, to that end, appoints the heads of the federal agencies, including the Cabinet 2. The President also has several other roles, such as chief diplomat, chief legislator, and chief of state.