The thing is, Trump never used his executive power to prevent Biden from being certified and sworn in. He made his feelings known to Pence about how he thought Pence should handle the January 6th proceedings. But he never prevented Pence from ruling as he saw fit on that day. So basically all Trump did was express his opinion as president, which is his right. So it seems to me that presidential immunity isn’t even the issue, since no specific presidential power was ever used by Trump to prevent Biden from taking office.
Now, suppose that Trump had taken some executive action, such as declaring a national emergency and preventing Congress from convening until the outcome of a tribunal. Would he be entitled to presidential immunity if he had done that? Only, IMO, if it can be shown that he knew the election was fair but sought to prevent its outcome anyway. Otherwise, he would be acting within his legitimate powers as CIC and should receive presidential immunity.
“The thing is, Trump never used his executive power to prevent Biden from being certified and sworn in. “
People ignore that fact. He appealed to the Courts, as he had the right to do, and then when denied the relief sought, he packed and left at the appointed time. The left screams “tried to overturn the election!” like little lemmings and ignore the truth.
Yes. And furthermore it is vital to the Republic that questioning the results of elections not be prevented.
Fully agree