Senate Majority Leader Chuck Schumer (D-New York) said on Monday that he’s working on legislation that would ensure that former President Donald Trump can be legally held responsible for his attempt to seize power during the 2020 election, after the Supreme Court’s presidential immunity ruling last week.
In remarks on the Senate floor, Schumer said that Democrats are seeking to classify Trump’s election subversion acts as “unofficial” acts that are not subject to legal immunity. This would mean that Trump could still face consequences in the case regarding his role in the January 6, 2021, attack on the Capitol and his attempts to recruit fake electors to help him deliver a win in the election, rather than the current likely outcome that he will escape from responsibility for those acts altogether.
“We were all taught in grade school that there are no kings here in America. Well, what the conservative justices have done has effectively placed a crown on Donald Trump’s head,” Schumer said.
“We Democrats will not let the Supreme Court’s decision stand unaddressed,” he continued. “The Constitution makes plain that Congress has the authority to check the judiciary through appropriate legislation. I will work with my colleagues on legislation classifying Trump’s election subversion acts as unofficial acts not subject to immunity.”
The Supreme Court ruling specified that supposed “official” acts by a president are immune from prosecution — a decision that many have condemned as a way to allow Trump and other ill-willed presidents to abuse their power as they please. The majority’s dubiously constructed opinion said that “unofficial” acts are not immune to punishment, but the opinion is written in a vague way that leaves the distinction largely up to courts.
The legislation is one of several moves that Democrats are taking to combat the danger posed by the immunity ruling.
One House Democrat, the leading Democrat on the House Administration Committee, announced last week that he is introducing a constitutional amendment that would overturn the decision altogether.
The amendment is crafted to ensure that the president and other public officers aren’t allowed impunity for acts that are prohibited for any other Americans, said sponsor Rep. Joe Morelle (D-New York).
“I am introducing a constitutional amendment to reverse the Supreme Court’s catastrophic decision and ensure no president is above the law,” Morelle said. “This amendment will do what they failed to do — prioritize our democracy.”
Help us Prepare for Trump’s Day One
Trump is busy getting ready for Day One of his presidency – but so is Truthout.
Trump has made it no secret that he is planning a demolition-style attack on both specific communities and democracy as a whole, beginning on his first day in office. With over 25 executive orders and directives queued up for January 20, he’s promised to “launch the largest deportation program in American history,” roll back anti-discrimination protections for transgender students, and implement a “drill, drill, drill” approach to ramp up oil and gas extraction.
Organizations like Truthout are also being threatened by legislation like HR 9495, the “nonprofit killer bill” that would allow the Treasury Secretary to declare any nonprofit a “terrorist-supporting organization” and strip its tax-exempt status without due process. Progressive media like Truthout that has courageously focused on reporting on Israel’s genocide in Gaza are in the bill’s crosshairs.
As journalists, we have a responsibility to look at hard realities and communicate them to you. We hope that you, like us, can use this information to prepare for what’s to come.
And if you feel uncertain about what to do in the face of a second Trump administration, we invite you to be an indispensable part of Truthout’s preparations.
In addition to covering the widespread onslaught of draconian policy, we’re shoring up our resources for what might come next for progressive media: bad-faith lawsuits from far-right ghouls, legislation that seeks to strip us of our ability to receive tax-deductible donations, and further throttling of our reach on social media platforms owned by Trump’s sycophants.
We’re preparing right now for Trump’s Day One: building a brave coalition of movement media; reaching out to the activists, academics, and thinkers we trust to shine a light on the inner workings of authoritarianism; and planning to use journalism as a tool to equip movements to protect the people, lands, and principles most vulnerable to Trump’s destruction.
We urgently need your help to prepare. As you know, our December fundraiser is our most important of the year and will determine the scale of work we’ll be able to do in 2025. We’ve set two goals: to raise $125,000 in one-time donations and to add 1400 new monthly donors by midnight on December 31.
Today, we’re asking all of our readers to start a monthly donation or make a one-time donation – as a commitment to stand with us on day one of Trump’s presidency, and every day after that, as we produce journalism that combats authoritarianism, censorship, injustice, and misinformation. You’re an essential part of our future – please join the movement by making a tax-deductible donation today.
If you have the means to make a substantial gift, please dig deep during this critical time!
With gratitude and resolve,
Maya, Negin, Saima, and Ziggy