The Washington PostDemocracy Dies in Darkness

Opinion What would the Founders say to Trump’s immunity claim?

Columnist|
April 26, 2024 at 6:30 a.m. EDT
Former president Donald Trump returns to the courtroom during his civil fraud case at the New York State Supreme Court on Nov. 6. (Jabin Botsford/The Washington Post)
4 min

PHILADELPHIA. CONSTITUTIONAL CONVENTION, 1787.

James Madison: Well done, gentlemen. I believe that here we have a Constitution! Let’s sign this bad boy!

[A mysterious, disheveled New Founder materializes suddenly out of thin air, looking the worse for wear.]

Mysterious, disheveled New Founder: One more thing! Put in: “And just to be clear, the president can’t do crimes. And if he does do crimes, he isn’t absolutely immune from prosecution!” Just to be safe. Just ... for me. I have been here the whole time and am from this time period. I did not just time-travel from Supreme Court oral arguments about a former president’s immunity from criminal prosecution. You can tell because I know who Gouverneur Morris is, which would not be something I would know if I were from any other time.