Senate Majority Leader Chuck Schumer, D-N.Y., has announced a controversial new plan aimed at addressing former President Donald Trump’s actions surrounding the events of January 6, 2021 to make sure Trump is jailed.
This move comes in the wake of a recent Supreme Court decision that differentiated between “official” and “unofficial” acts in determining presidential immunity — and comes right in the height of a massive controversy dogging former President Joe Biden’s re-election campaign.
According to Schumer’s announcement on the Senate floor Monday, the proposed legislation would seek to classify all of Trump’s actions leading up to January 6th as “unofficial” acts.
This would potentially remove Trump from the umbrella of presidential immunity, and could allow more legal proceedings against the former president should Biden win re-election.
Republican lawmakers have voiced strong opposition to Schumer’s plan. Senate Minority Leader Mitch McConnell, R-K.Y., said the Democrats were overstepping their legal rights.
“Democrats seem to want to turn Washington into the Hague,” McConnell said in his own floor remarks. “Their problem with the Supreme Court isn’t that they won’t be able to prosecute a President for unofficial criminal activity — because they still can. Their problem is that they won’t be able to prosecute official actions that they don’t like.”
The timing of Schumer’s announcement has also drawn attention, coming amidst discussions about the Democratic presidential ticket. Some political analysts suggest it may be an attempt to refocus media attention on Trump’s legal challenges.
And the passage of Schumer’s legislation faces significant hurdles. It would require approval from both chambers of Congress, including the Republican-controlled House of Representatives.
The Supreme Court’s recent decision on presidential immunity has already set the stage for prolonged legal battles over which of Trump’s actions qualify as “official.”
Schumer’s proposed legislation appears to be an attempt to bypass this process, though its constitutionality remain subjects of debate.