Opinion | BARR: Does The GOP Now Consider Ex-Presidents To Be Above The Law? – By Former Rep Bob Barr (Daily Caller) / Aug 15, 2022
Many Republican office holders have been frothing at the mouth as they air claims that an FBI-initiated search of Donald Trump’s Mar-A-Lago resort and residence was “unprecedented,” “intolerable,” “un-American,” and a step toward “communism.” This raises the question – when did the GOP adopt as part of its governing philosophy the principle that a former president’s residence, including one which doubles as a ritzy resort, cannot be the subject of a lawfully executed search warrant?
Sitting U.S. presidents enjoy a significant degree of insulation from civil and criminal proceedings to which virtually all other citizens are subject, and this is appropriate. Were the holder of such high office subject to civil lawsuits and resulting discovery proceedings by every possible aggrieved party, or vulnerable to prosecutors seeking to make a name for themselves by indicting him, it would become utterly impossible for a president to carry out his constitutional duties.
This is why the only way to remove a president is via impeachment and conviction by the Congress. It also stands as the reason for maintaining a very high bar for litigants to overcome in order to force a sitting president to respond to civil judicial proceedings. A former president, however, while perhaps allowed an elevated degree of deference in such matters, has never been considered absolutely immune.
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