The National Constitutional Law Union has published a legal strategy memorandum that articulates a theory of presidential immunity that can be applied to each of the three Trump indictments. In essence, the argument boils down to a simple question: “Could George Washington have been prosecuted if he took similar actions and if the relevant statutes existed while he was President?” If the answer is “no,” then it is equally improper to prosecute Mr. Trump under these indictments, given that Bruen and Dobbs mandate that all constitutional provisions be applied in accordance with their fixed meaning in 1787-1789.
You can read the full memorandum by the National Constitutional Law Union’s Co-Director of Litigation, Todd J. Aldinger, here.
