Todd Blanche's 'Forever Immunity' Declaration Lacks Constitutional Authority and Sets Dangerous Precedent
Source: Aziz Huq. "Trump immunity news: Todd Blanche is not some tactical genius.." May 26, 2026. slate.com
The Gist
The author argues that Trump's lawyer Todd Blanche cannot legally declare that the Trump family is forever immune from federal investigations. This violates basic constitutional principles because no government official can tie the hands of future officials, and accepting this would give dangerous new powers to all future presidents.
Conclusion
Todd Blanche's declaration granting 'forever immunity' to the Trump family is constitutionally invalid and represents a dangerous expansion of executive power that should be rejected
Premises
- Neither the executive branch nor the president have constitutional power to bind future officials in this way
- It is a basic principle of constitutional law that a government cannot bind its future self, dating back to Blackstone and affirmed by the Supreme Court
- Only the sovereign people can create entrenched rules through constitutional amendments via Article 5
- If Congress cannot bind its successors, it cannot delegate such power to the executive branch
- The pardon power is the only irreversible executive power, and it is carefully circumscribed to criminal offenses with personal presidential involvement
- Accepting this power would create a destabilizing tool that could be abused by future presidents of both parties to permanently exempt anyone from any laws
Assumptions
- Constitutional principles should constrain executive power
- Historical legal precedents and framers' intent should guide constitutional interpretation
- Powers not explicitly granted in the Constitution should not be assumed to exist
- Preventing abuse of power by future administrations is more important than current political considerations