Former President Donald Trump suggested early Monday that President Biden could face charges in the future if Trump’s claims of presidential immunity in connection with the Jan. 6, 2021, Capitol riot do not succeed.
“If I don’t get Immunity, then Crooked Joe Biden doesn’t get Immunity, and with the Border Invasion and Afghanistan Surrender, alone, not to mention the Millions of dollars that went into his ‘pockets’ with money from foreign countries, Joe would be ripe for Indictment,” Trump wrote on Truth Social.
“By weaponizing the DOJ against his Political Opponent, ME, Joe has opened a giant Pandora’s Box.”
Since last year, the 45th president has vowed to deal out “retribution” to his political enemies should he win a second non-consecutive White House term.
Last August, Trump, 77, pledged to appoint a special prosecutor to evaluate the Biden family business dealings and “look at all of these bribes, kickbacks, crimes as well as the shameless attempt to cover up.”
“Justice will be done,” the 45th president vowed at the time.
Trump similarly declared during his 2016 presidential campaign that he would tap a “special prosecutor” to examine Hillary Clinton’s use of a private email server while secretary of state.
That appointment, however, never happened.
On Monday, Trump also confirmed that he will attend Tuesday’s hearing before the DC Circuit Court of Appeals, where his lawyers are slated to make oral arguments defending the presidential immunity claims.
“Of course, I was entitled, as President of the United States and Commander in Chief, to Immunity,” Trump insisted. “I was looking for voter fraud, and finding it, which is my obligation to do.”
Trump’s legal team is seeking to toss out the four-count federal indictment in connection with his attempts to remain in office following his 2020 election loss, claiming he was carrying out his official duties at the time.
His attorneys are also arguing that because he was acquitted following his second impeachment for alleged incitement of insurrection, prosecuting him over the 2020 election amounts to double jeopardy.
Should Trump’s attorneys succeed, it could have dramatic ripple effects on other cases against him, particularly a 13-count election tampering indictment out of Georgia.
Special counsel Jack Smith’s office has denounced the concept of presidential immunity, arguing that would give future presidents carte blanche to violate the law.
“The defendant’s sweeping immunity claim threatens to license Presidents to commit crimes to remain in office. The Founders did not intend and would never have countenanced such a result,” prosecutors wrote in a filing late last year.
US District Judge Tanya Chutkan, who is overseeing Trump’s 2020 election case, previously sided with Smith’s team, arguing that the 77-year-old doesn’t get a “lifelong get-out-of-jail-free pass.”
That prompted the appeal to the DC Circuit Court of Appeals from Trump’s team.
Chutkan also paused “any further proceedings that would move this case towards trial,” with a few exceptions, pending the appeal.
Last week, Trump’s team tried to get prosecutors held in contempt for making filings despite that pause, but the special counsel’s office countered it was in compliance with Chutkan’s order.
Smith argued unsuccessfully last month for the Supreme Court to leapfrog the DC appeals court and expedite consideration of the immunity question, but the high court declined.
Currently, Trump is set to stand trial in the 2020 election case beginning March 4, and prosecutors have expressed the intention to stick to that schedule.