John,
Three Republican senators, Mitch McConnell, Thom Tillis and John Cornyn, all voted *not* to convict Donald Trump for incitement of insurrection after the January 6th attack on the Capitol.
Instead, they said that accountability for the attack should be in the hands of the courts — and even explicitly noted that Trump could be prosecuted once he left office.
Let that sink in: even Republican senators who voted to protect Trump from impeachment over the insurrection said in 2021 that he was NOT immune from prosecution.
But Trump has successfully shifted the mainstream Republican consensus by claiming in court that former presidents have total immunity.
Now that the question of Trump’s immunity is before the nation’s highest court, Tillis and Cornyn have walked their statements back. Mitch McConnell has not.
John, Donald Trump’s attempts to claim immunity do not hold up under the barest scrutiny — that’s why no one, not even his biggest defenders, claimed that he was immune during the impeachment trial.
No matter what he argues, Donald Trump is not above the law, and he needs to be held accountable. That’s what CREW is fighting to do. If you can, support our work with a donation today →
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Here’s what these senators had to say when they decided to let Trump off the hook on impeachment:
“President Trump is still liable for everything he did while he was in office, as an ordinary citizen, unless the statute of limitations has run, still liable for everything he did while in office, didn't get away with anything yet – yet. We have a criminal justice system in this country. We have civil litigation. And former presidents are not immune from being held accountable by either one.”
– Mitch McConnell
“An impeachment trial is not the best or only way to hold a former elected official accountable for their actions. The ultimate accountability is through our criminal justice system where political passions are checked and due process is constitutionally mandated. No president is above the law or immune from criminal prosecution, and that includes former President Trump.”
– Thom Tillis
"Given that the Constitution makes legal offenses committed while in office subject to investigation and prosecution, as warranted, after a President is no longer in office, I believe that is the Constitutional method of accountability - not impeachment."
– John Cornyn
Now that Trump is making the case that former presidents are immune from prosecution to try to avoid going to trial over his role in the insurrection, Cornyn and Tillis have suddenly changed their tune.
Tillis said, “I could see arguments for and against the immunity discussion.” And all Cornyn said was, “I’m going to rely on the court.”
Meanwhile, McConnell, who is retiring, has not changed his mind. When asked on CBS’s “Face the Nation,” he replied, “I stand by everything I said then. Obviously, it’ll be up to the Supreme Court to decide whether I was correct.”
I can’t overstate how dangerous it would be if the Supreme Court decides that former presidents cannot be held legally accountable for their official actions: it would threaten both the rule of law and our democratic system of checks and balances.
That’s why CREW is doing everything in our power, including submitting a friend of the court brief, to persuade the Supreme Court that they must reject Trump’s immunity claims and to ensure that he is held accountable.
Help us deliver this message by making a donation to CREW and showing that you’re standing with us in the fight to hold Trump accountable →
Thank you,
Noah Bookbinder
President
CREW
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