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Fact Check Analysis: Trump Asks Supreme Court to Place Him Further Above the Law

At DBUNK, one of our subscribers submitted this article for fact-checking, asking us to dive deeper into the legality of “presidential immunity” and whether it was accurately portrayed. You can submit your own fact check requests for free, and our expert team will investigate and publish the findings.

Assessment of the Article

The article titled “Trump asks the Supreme Court to place him even further above the law”, written by Ian Millhiser and published on Vox on January 8, 2025, raises significant claims about former President Donald Trump’s legal requests and the Supreme Court’s 2024 ruling on presidential immunity. Our analysis reveals critical issues of bias, missing context, and some misrepresentation that deserve scrutiny.

Key Questions Answered

1. Was “presidential immunity” invented out of thin air?

The article asserts that the doctrine of presidential immunity, as applied to former presidents, “did not exist until 2024.” While this is technically true, the framing is misleading. Limitations on prosecuting sitting presidents have been debated for decades and have roots in the Department of Justice’s (DOJ) Office of Legal Counsel opinions. The 2024 Supreme Court decision expanded these limitations to include certain actions taken while in office, but claiming it was “invented” may oversimplify the evolution of legal arguments on this topic.

Furthermore, the comparison to President Gerald Ford’s pardon of Richard Nixon lacks nuance. Nixon’s pardon was issued not because he was automatically immune, but because legal immunity doctrines were underdeveloped at the time, and a criminal trial of a former president was uncharted territory. Suggesting the 2024 doctrine arose “out of thin air” ignores this broader historical and legal context.

2. Did the article rely on partisan bias when describing the Supreme Court justices?

Yes, the article demonstrates clear partisan bias. The author repeatedly refers to the Supreme Court justices as “Republican officials” who “bent over backward to protect the leader of their political party.” While judicial decisions are subject to interpretation and political contexts, describing justices in such explicitly partisan terms undermines the impartiality that judicial institutions are meant to uphold and risks alienating readers seeking objective analysis. This phrasing could lead audiences to distrust the ruling based solely on the political identification of the justices, rather than the merits of the legal arguments presented.

3. Was the representation of the 2024 Supreme Court decision accurate?

The article provides an accurate summary of specific aspects of the 2024 Trump v. United States decision, including its broad grant of immunity for actions taken while in office. However, its framing of the decision as allowing Trump to “illegally order the Justice Department to bring sham prosecutions against his political enemies” is speculative and lacks substantiating evidence in the ruling’s text. This phrasing amplifies negative implications without clear legal support, which may mislead readers into believing the Court explicitly upheld such actions.

What’s Missing?

One crucial missing element in the article is a balanced explanation of the counterarguments and legal perspectives supporting Trump’s request. The article briefly acknowledges Solicitor General-nominee John Sauer’s claim that some evidence against Trump could fall under the Court’s previous immunity guidelines but fails to provide a thorough exploration of why this argument may or may not hold water. By excluding these details, the article reinforces skepticism toward Trump’s legal position without fully equipping readers with the necessary context to form independent conclusions.

The lack of clarity around the implications of the immunity doctrine and its limitations also leaves readers with unanswered questions. For example, the article implies that this doctrine could allow presidents to act with unlimited criminal immunity, which is not entirely accurate. Judicial immunity in the 2024 case was specifically related to actions tied to presidential powers, leaving room for accountability in other legal contexts.

Conclusion

While the article offers legitimate concerns about the expanding scope of presidential immunity and its potential implications, it does so through highly partisan rhetoric and incomplete context. Readers would benefit from a clearer, more nuanced explanation of both the legal arguments involved and the historical precedents surrounding presidential immunity.

The question submitted by our audience member — “How is it even legal for a court to invent a doctrine like ‘presidential immunity’ out of thin air?” — reflects the natural frustration many feel about the complexity and fairness of legal decisions. However, as this fact check reveals, such doctrines rarely arise from “thin air” but are instead the result of decades of precedent and evolving legal interpretations navigated by the courts. Whether these interpretations are justifiable or overreaching depends on one’s perspective, but they are not as arbitrary as suggested.

Your Turn

If you’re tired of spinning headlines and unclear narratives, let DBUNK help you cut through the fog. By downloading our app, you can access unbiased, evidence-based fact checks and ensure that your understanding of critical issues is built on dependable information.

As a diverse community united by a shared concern over misinformation, we stand by your side in combating misinformation. Read the original article here, and don’t forget to follow us on social media or look out for our app launching soon!

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