Sen. J.D. Vance (R-Ohio) said Sunday he believes a president has legal immunity for acts committed while in the White House, but stopped short of saying Biden shouldn’t be prosecuted for unspecified criminal acts.
Vance, who was considered a finalist to be former President Trump’s running mate, predicted in an interview with Margaret Brennan on CBS’ “Face the Nation” that the Supreme Court would likely grant Trump immunity from criminal prosecution in a ruling expected on Monday.
“I want to see those who commit crimes receive the appropriate legal response,” Vance said. “My issue, Margaret, is not which Democrats should prosecute which Republicans or vice versa, but that we stop prosecuting people based on their political positions.”
Asked whether the idea would prevent Biden from being prosecuted in the future, Vance said that decision would be up to the future attorney general.
“But Donald Trump has never said he wants to send his political opponents to prison,” the senator added.
Trump has repeatedly vowed to “get revenge” on his political opponents if re-elected, and has notoriously called for rivals like Hillary Clinton to be “jailed.”
The Supreme Court is scheduled to decide Monday whether President Trump will be immune from criminal prosecution as he faces lawsuits over his alleged attempts to overturn the results of the 2020 election and his actions surrounding the Jan. 6 storming of the Capitol.
Vance predicted the court would rule that Trump cannot be put on trial.
“I believe it’s a fundamental principle that just as police officers, judges and prosecutors enjoy immunity, the president should be able to do his job. This principle must apply to the president as well,” he said.
Prior to Trump, no president had been indicted for a crime, so the concept of immunity was novel.
Vance said the concept of presidential immunity is necessary for the study, an argument shared by Trump’s defense lawyers.
“We know that a president needs immunity to do his job,” Vance said. “Should Barack Obama be prosecuted for drone attacks on Americans in Yemen? If the Supreme Court doesn’t recognize broad elements of presidential discretion, there are plenty of examples of presidents, Democrats and Republicans, who can’t do their jobs.”
