WASHINGTON — In response to the U.S. Supreme Court’s recent decision in Trump v. United States, which granted presidents presumptive immunity from criminal prosecution for official acts, U.S. Sen. Mazie Hirono, D-Hawaii, is proposing a constitutional amendment that would affirm that no American is above the law.

What You Need To Know

  • The Supreme Court ruled in Trump v. United States that former President Donald Trump has absolute immunity for exercising “core” constitutional powers and presumptive immunity for official acts while in office
  • The ruling effectively ensured that Trump will not have to stand trial for his alleged hand in attempting to overturn the results of the 2020 presidential election until after the upcoming General Election in November
  • Trump was indicted last August for conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of, and attempt to obstruct an official proceeding and conspiracy against rights
  • Under U.S. Sen. Mazie Hirono's proposed constitutional amendment, "the President, Vice President, and all civil Officers of the United States are accountable to the law for their actions, both official and unofficial"

“The rule of law is what separates democracy from other forms of government,” said Senator Hirono. “For centuries, Americans have understood the rule of law to apply to all Americans, including the President. But in a misguided and ahistorical decision, the Supreme Court majority massively weakened the rule of law as it applies to presidents. This constitutional amendment would make clear that the rule of law applies to everyone, including presidents.” 

Specifically, the court ruled that former President Donald Trump has absolute immunity for exercising “core” constitutional powers and presumptive immunity for official acts while in office.

The ruling outraged Democrats as it effectively ensured that Trump will not have to stand trial for his alleged hand in attempting to overturn the results of the 2020 presidential election until after the upcoming General Election in November.

Trump was indicted last August for conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of, and attempt to obstruct an official proceeding and conspiracy against rights.

While Trump’s defense team had lobbied the court to dismiss the charges outright on the basis of absolute immunity, the 6-3 still overturns a lower court ruling that Trump had no claim to immunity from federal prosecution and returns to the lower court the task of determining what constitutes Trump’s execution of official duties.

Under Hirono’s draft amendment, “the President, Vice President, and all civil Officers of the United States are accountable to the law for their actions, both official and unofficial.”

The draft further states that "such officer is liable to prosecution and punishment in the ordinary course of law, specifically including the president once no longer in office. Laws of general applicability shall be applicable to the President unless otherwise specified."

Michael Tsai covers local and state politics for Spectrum News Hawaii. He can be reached at michael.tsai@charter.com.