Senate bill would label Trump’s efforts to overturn election as unofficial acts

Senate Democrats plan to introduce legislation that would classify former President Donald Trump’s efforts to overturn the 2020 election as unofficial presidential acts, Senate Majority Leader Chuck Schumer said Monday.

The bill aims to ensure the Supreme Court’s ruling last week granting presidents and former presidents some criminal immunity does not derail the federal case against Trump in Washington.

In that 6-3 ruling along partisan lines, the Supreme Court ruled that presidents have absolute immunity when carrying out their core constitutional duties and “at least presumptive immunity” over their remaining official actions.

“What the conservative justices have done is effectively place a crown on Donald Trump’s head,” Schumer, D-N.Y., said on the Senate floor. “In their judgment, the president is now free to behave however he likes – even to behave criminally — and as long as he argues that he was acting as president, he is in many ways untouchable.

“I will work with my colleagues on legislation classifying Trump’s election subversion acts as unofficial acts not subject to immunity,” the Senate majority leader added. “We’re doing this because we believe that in America, no president should be free to overturn an election against the will of the people, no matter what the conservative justices may believe.”

Schumer argued the Constitution gives Congress the authority to check the judiciary through legislation.

Senate Minority Leader Mitch McConnell said he disagrees with the effort.

“Democrats seem to want to turn Washington into The Hague,” McConnell, R-Ky., said on the Senate floor. “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 bill faces long odds. Democrats hold a slim majority in the Senate, where 60 votes are needed to advance legislation, and Republicans control the House.

Trump was indicted last year in Washington on four felony counts: conspiracy to defraud the United States, two charges related to obstructing an official proceedings and conspiracy against rights. 

The former president and presumptive Republican nominee this year is accused of participating in a scheme to submit slates of fake electors to Congress as he falsely alleged widespread fraud cost him the election. He has pleaded not guilty.

The Supreme Court sent the case back to U.S. District Judge Tanya Chutkan, who must determine whether the allegations against Trump involve official presidential actions.