A potential legal defense has been proposed by the National Constitutional Law Union (NCLU) that former President Donald Trump may be able to avoid conviction on many of the charges brought against him, particularly those related to his claims regarding the 2020 election results.
This theory is based upon recent court decisions, namely Dobbs and Bruen, which suggest that a president’s actions while in office are legally valid unless he or she has been successfully impeached and convicted in the Senate.
The National Civil Liberties Union (NCLU) has posed the legal theory, “Could George Washington have been prosecuted if he took similar actions and if the relevant statutes existed while he was President?”
The non-profit social welfare organization answers that it would be incorrect to prosecute President Trump under these indictments due to Bruen and Dobbs which requires all constitutional provisions be applied in accordance with their fixed meaning in 1787-1789.
NCLU Executive Director Gavin Wax told Valiant News the failed attempt to impeach Trump after he left office in 2021 could strengthen the legal theory.
“His acquittals may lend credence to this case,” said Wax, noting that the legal theory was “formulated in a vacuum.” Wax posted the legal theory on X, formerly Twitter, with a link to the 17-page legal memorandum. Wax also labeled it as “the best legal strategy” for Trump and proposed it might “establish a precedent to prevent similar issues from arising again in the future.”
All the legal cases against Donald Trump should fail under the principle that a President cannot be held liable in any way for an action he took while in office unless he is first convicted of impeachment. @NCLU_ORG's legal strategy memo is out now: https://t.co/i5nrbuIXkp
— Gavin Mario Wax 🇺🇸 🗽🍊 (@GavinWax) August 14, 2023
As former President Donald Trump continues to hold a strong lead in the polls for the Republican nomination, a Democratic prosecutor in Georgia has recently leveled charges of racketeering and other crimes against him regarding his contesting of the 2020 election results.
Furthermore, special counsel Jack Smith has brought forth additional federal charges against Trump.
Despite these allegations, a survey conducted among Republicans in New Hampshire revealed that more than half would still vote for Trump even if he were convicted on some or all of the accusations, with many saying they’d support him even if he were incarcerated.