OPINION

Trump’s One-Two Punch Rattles Biden

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The presidential debate between Trump and Biden last Thursday was one of the most stunning knockouts in history. A chorus of liberals, including a senior Democrat congressman from Austin, calling for Biden to quit the race confirms that Trump mopped the floor with him.

Trump’s flawless performance repeatedly hit the target without a single gaffe. Even in New Hampshire, which is all Trump needs if he maintains his leads in Arizona, Georgia, and Nevada, Trump has jumped to a 44-42% lead over Biden in the post-debate St. Anselm College poll, a 12-point swing from December.

Biden ineptly boasted at the debate about his pullout from Afghanistan, whereupon Trump decked him by demonstrating how badly Biden bungled that departure. Trump then sharply criticized Biden for failing to fire anyone for it.

Biden had spent weeks preparing for this debate, while Trump spent his time on the campaign trail before enthusiastic crowds. Yet Trump seemed better prepared on Thursday night, pouncing on the openings handed to him by the confused, disoriented Biden.

When the issue of Biden’s lavish funding of the never-ending war in Ukraine came up, Trump pointed out that there is an ocean separating us from that conflict. The United States should not be paying for a distant war against Russia, and Trump promised to end the conflict once he is reelected later this year.

When Biden brought up NATO, Trump emphasized how he stopped the freeloading by European members of that anachronistic, globalist organization. When Biden tried to take credit for new jobs, Trump observed that most of the new jobs have gone to migrants rather than Americans.

Biden tried to take credit for proposing something (without doing anything) about the crisis on the southern border, but Trump shot that down by explaining how disastrous for our country Biden’s letting in millions of illegal aliens has been. When Biden said he’s trying to reduce inflation, Trump retorted that it is Biden who caused the inflation.

On two issues where liberals expected to score points, Trump turned the tables and came out ahead. He lambasted the endless Covid vaccine mandates by Biden, and declared victory in overturning the Roe v. Wade decision that had been widely criticized by constitutional scholars.

The second punch in Trump’s favor came on Monday, when the Supreme Court ruled 6-3 against allowing Biden’s biased special counsel to continue prosecuting Trump for his official acts as president. While the Court left the door open for prosecuting an ex-president for unofficial acts, the Court extended absolute immunity for Trump to his conduct undertaken as part of his core presidential duties, and even prohibited courts from reviewing those actions.

“We thus conclude that the President is absolutely immune from criminal prosecution for conduct within his exclusive sphere of constitutional authority,” the Court held. “The immunity we have recognized extends to the outer perimeter of the President’s official responsibilities, covering actions so long as they are not manifestly or palpably beyond his authority,” added the Court. 

The Court granted a presumption of immunity for Trump’s communications while in office, such as his discussions with Vice President Mike Pence about January 6. Trump enjoys “at least a presumptive immunity from criminal prosecution for a President’s acts within the outer perimeter of his official responsibility,” held the Court.

A president’s private conduct may be prosecuted, but “in dividing official from unofficial conduct, courts may not inquire into the President’s motives,” the Court ruled. “Nor may courts deem an action unofficial merely because it allegedly violates a generally applicable law.” 

Examples of unofficial acts by a president for which immunity would be lacking could include an ordinary crime of violence, none of which is alleged against Trump. On remand a biased judge in D.C. might try to allow some charges to proceed against Trump, but not in time to block Trump’s reelection.

Liberal justices on the Court were livid in dissent, with the mainstream media on their side. But if their view had prevailed, then we would have judicial supremacy that second-guesses actions by Republican presidents.

Instead, the prosecution of Trump in D.C. will be remanded to the trial court, where Trump will receive absolute immunity from many of the allegations and presumptive immunity from others. More voters would likely shift to Trump if the Jamaican-born, Obama-appointed Judge Tanya Chutkan threatens to put Trump on trial so close to the election.

Suddenly Judge Aileen Cannon in Florida, who has taken a cautious approach toward Jack Smith’s charges against Trump there, emerges as the wise judge in being skeptical of the prosecution of Trump. On Monday the Supreme Court rejected liberal courts’ reliance on the supposedly “good faith of prosecutors,” because anti-Trump prosecutors are not acting in good faith.

John and Andy Schlafly are sons of Phyllis Schlafly (1924-2016) and lead the continuing Phyllis Schlafly Eagles organizations with writing and policy work.