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Public Citizen Supports Rep. Morelle’s Constitutional Amendment to Overturn Supreme Court’s Immunity Ruling

WASHINGTON, D.C. — Yesterday evening Rep. Joseph Morelle (D-NY) introduced a constitutional amendment that would overturn the Supreme Court’s recent decision in Trump v. United States that presidents have immunity from criminal prosecution for official actions. Earlier this year, Public Citizen filed an amicus brief in the case explaining that the acts with which Trump is charged in the case cannot reasonably be claimed to fall within a president’s duties.

Lisa Gilbert, co-president of Public Citizen, released the following statement:

“The Supreme Court’s decision in Trump v. United States has imposed serious obstacles to holding Trump accountable for his role in the violence on January 6 and the attempt to stop the peaceful transfer of power.

“This decision is corrosive to American democracy, and its impacts are far greater than Trump’s ongoing effort to escape accountability.

“Simply put, the decision eviscerates the fundamental constitutional principle that no person is above the law.

“The ruling effectively gives presidents complete immunity for any ‘official’ act – no matter how brazenly corrupt the motivation behind that act nor how catastrophic its consequences.

“As Justice Sotomayor wrote in her dissent, under the holding of Trump v. United States, a president could order the assassination of a rival, take a bribe for pardons, or order a military coup and – in each case – be immune from criminal liability. The majority could have disputed this characterization. It did not.

“It is incumbent upon Congress to fix this problem, and with his proposed constitutional amendment, Rep. Joseph Morelle is taking the first step to right an obvious constitutional wrong. Trump v. United States is an abomination that contravenes the most basic democratic principles – and common sense. There are no kings in America.

“By design, it’s not easy to pass a constitutional amendment. But it can be done – and in this case, it must be done. Public Citizen strongly supports this amendment, and along with our allies in the Not Above the Law coalition are committed to ensuring its passage, to restore presidential accountability and basic democratic norms.”