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Trump's claims of immunity have been disputed by MAGA figures and other Republicans

Written by Sophie Lawton

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As a defense against charges that he plotted to overturn the 2020 election, Donald Trump is claiming he has presidential immunity from prosecution. A number of Republicans and MAGA-connected figures have disagreed with the notion of complete presidential immunity from prosecution over the years.

Some have explicitly argued that presidents can be prosecuted. Others have called for Joe Biden to be prosecuted, either for his actions as vice president during the Obama administration or for what he has done since taking office in 2021.

    • Sen. Thom Tillis (R-NC), a Trump ally, told Business Insider in 2021, “No president is above the law or immune from criminal prosecution, and that includes former president Trump.” [Business Insider, 2/14/21]
    • Fox contributor Jonathan Turley wrote an op-ed for USA Today in 2017 saying that presidents can be charged for obstruction of justice.  “I do not agree that a president, as a categorical matter, could never be criminally charged with obstruction,” he wrote. [USA Today, 6/19/17]
    • In 2019 Turley wrote on his own site, “There are times when a criminal prosecution may be the only practical answer for a criminal chief executive.” [JonathanTurley.com, 9/20/19]
    • Trump himself has claimed that Biden “is a criminal” and “should be in jail,” seemingly refuting presidential immunity claims. [MSNBC, 10/20/20]
    • Fox’s Sean Hannity has stated on his radio show that presidential immunity goes away once the president leaves office. “The Constitution does afford a sitting president immunity from criminal prosecution,” he said. “That is a fact. So Biden gets a free pass until he leaves office.” [Premiere Radio Networks, The Sean Hannity Show, 4/3/23]
    • Fox’s Mark Levin has pushed for Republican prosecutors and district attorneys to charge President Biden with “anything.” [Westwood One, The Mark Levin Show, 4/7/23]
    • An attorney for January 6 defendants criticized claims that Biden has immunity as president. He wrote on X: “So you are suggesting that one's status as a ‘political rival’ makes one immune from scrutiny for past misconduct? No matter what Joe Biden might have done during his 8 years as VP, nothing can be inquired about? Blanket immunity?” [Twitter/X, 10/30/19]
    • Senate Minority Leader Mitch McConnell warned after the failed impeachment of Trump that he could still be “criminally prosecuted” in the future. [Newsweek, 2/13/21]
    • Mike Davis, recently floated as Trump’s possible next attorney general, posted to X in 2019 about Biden: “Are politicians, including their adult children, now immune from criminal investigations — or even referrals — if they are labeled as ‘political opponents’?” He added: “If the President dares to raise any issue, he is subject to impeachment?” [Twitter/X, 9/27/19]
    • Former Trump White House press secretary Kayleigh McEnany posted to X: “Dems have set quite a remarkable new standard in US law… As long as you can be called a ‘political opponent’ you are totally 100% immune from prosecution.” [Twitter/X, 11/13/19]