There's Another Way Trump Could Get Immunity

Mona Charen on Mar 8, 2024

In Trump's first term, he was partially thwarted by strong institutions, yes -- but above all by a deep commitment to the rule of law among the citizens of this country. A mid-level NSC staffer found the courage to defy the president's illegal and immoral acts because of his deep faith in the people's values. As Alexander Vindman said to his father, who, having grown up in the totalitarian USSR, worried about what might happen to his son for opposing the president, "Do not worry, I will be fine for telling the truth."

Except he wasn't. Not quite. He and (for spite) his twin brother were fired from the NSC. His military promotion was put on hold. He was harassed. It would be far, far worse in a second Trump term. Would there even be Alexander Vindmans in a second Trump presidency?

Doubtful. The mob justice that Trump has practiced and been rewarded for would intimidate nearly all. And they would not be enough to preserve constitutional democracy.

As Judge Learned Hand said in his 1944 Spirit of Liberty speech:

"I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can even do much to help it."

On April 22, the Supreme Court will hear arguments on presidential immunity and will perhaps issue a ruling full of pious talk about the rule of law. But the words will be empty if Trump is elected.

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Mona Charen is policy editor of The Bulwark and host of the "Beg to Differ" podcast. Her new book, "Hard Right: The GOP's Drift Toward Extremism," is available now.