The No-Win Question Republicans Fear but Democrats Have Never Asked

A Democratic Congressman takes a turn on the House or Senate podium and asks Mike Johnson, or John Thune, this simple, direct question:

“Does the Republican Party support Constitutional reforms to remove Presidential immunity and Presidential pardon powers?”

Silence.

This is a question the Republicans never saw coming. They hoped Democrats would continue to focus on Trump’s character and actions; an obsession that has not only failed to sway Trump voters but entrench them even deeper. But this question changes all of that. It switches the narrative and gets to the heart of what is responsible for our national distress and simultaneously provides a solution to resolve it. The Republicans have no answer they can give which will deliver them from the corner they have been placed.

If they say “Yes”, they concede the Democrats were the first to have a better idea and vision for the country. If they say “No” or vacillate, they are for perpetuating autocracy and dictatorship.

By failing to bring this issue up first, the Republicans doom their chances in the midterms and at winning the next presidency. For the first time, Democrats gain the political offensive and point this battle into a new direction. However…

This question has never been raised by Democrats in the House of Representatives nor on the floor of the Senate. Yet it is a better answer to minority impotence than shutting down the government or speaking for 8+ hours on the House floor. It represents a concrete problem with a concrete solution voters crave. It takes attention away from the President’s daily antics—removing the spotlight he constantly craves and the distraction he hopes we will fall for. And it offers a hopeful and obtainable vision of America after Trump. This is a no-brainer question which gets to the source of why and how the President has been able to ignore Congress, the Courts, and the law itself. Showing leadership on this issue could deliver the White House and both houses of Congress to the Democratic Party…but only if they bring the issue up first.

Winning the White House in 2028 is not enough. This issue represents a viable way to win supermajorities in the Senate and House. “Affordability” is a good issue, but it is easily attacked by Republicans. Rightly or wrongly, they made the case in 2024 that Democrats could not deliver. And if we are being honest, Democrats today are providing nothing new and nothing specific. Democrats need a new vision and simple message that truly stands them apart from the Republican party and is directly related to our “affordability” challenges. This new issue is “Presidential Immunity”—reforming Presidential immunity and pardon powers via Constitutional amendments. It is an issue which definitively places Democrats on the side of Americans from all political persuasions, who are confused and disgusted that there seems to be no way to constrain or discipline the President and those who he will inevitably pre-pardon.

Reforming the Constitution is not an impossible pipedream. The divisions in our nation are exactly why this will work, even without a supermajority in Congress. It is very hard to imagine there are Republicans who would refuse to remove the immunity powers of a Democratic president. Conversely, every Democrat will agree a Republican president should not have immunity or pardon powers either. This voter math immediately works out to “success”. Remember, the removal of a Democratic president’s immunity is the removal of a Republican president’s immunity. This issue and question is a win-win no matter what side of the aisle you are on. All we need is for a candidate from our party to make the first move.

“Presidential Immunity” delivers to the need for authenticity—the need for authentic candidates and for authentic solutions. To this end, reforming “Presidential Immunity and Pardon Powers” is about as authentic as you can get. Adopting this is a clear demonstration to voters of all persuasions that the Democratic party is confident enough in its own candidates that they do not need “immunity” to run a country. It is an issue which puts Democrats on the offensive and Republicans forever on the defensive.

There are three important pledges our Democratic Congressman, Democratic candidates, and Democratic Party need to make:

1. Destroy the Department of Justice Office of Legal Counsel Memo from 1973 which says a president cannot be indicted while in office. Its destruction cannot be challenged by Congress or the Courts. The “memo” was never approved by law nor by a Supreme Court decision. If it had not been given undeserved validity, President Trump would have been indicted and likely Impeached and convicted in 2019. You can read about it here.

2. Reform Article II Pardon Powers via Constitutional reforms. These powers are completely unnecessary for the effective governance of our nation. Yet they have been corrupted into an instrument of presidential power. This is why Pete Hegseth, Pam Bondi, Kristi Noem, etc were willing to break laws on behalf of President Trump. These powers will be used in 2028 to pre-pardon all those who have made President Trump’s agenda possible. A list of current pardons is here.

3. Overrule the Supreme Court Decision Trump vs United States via a Constitutional reform, eliminating “absolute immunity for official acts” of our presidents. This Decision made it possible for President Trump to circumvent Congress and institute tariffs, redirect and stop congressionally mandated funds and programs, and engage in war. If “affordability” is an important issue to our party, this Decision stands in its way.

These three powers circumvented the Constitutional controls we thought would constrain our Presidents and prevent dictatorship. They are directly responsible for our collective misery these past 15 months. Without them, President Trump and his minions would have been deterred from committing the crimes we have all witnessed and remained powerless to stop.

We do not need to create a new Constitution. We just need to reform what we have.

An issue of this magnitude cannot be left to the Supreme Court to resolve. We need to look no further than Dobbs vs Jackson to understand why. Dred Scott vs Sandford in 1857 legalized slavery and was arguably one of the worst Supreme Court decisions in our history. It took a Civil War and the 13^th and 14^th Amendments to correct this Supreme Court injustice. Imagine if after the Civil War Lincoln had left the resolution of slavery up to a new Supreme Court.

The Constitution has 27 Amendments. That’s roughly one Amendment every 10 years of our nation’s existence. When the need was there, our parents and grandparents came through. If we honor them, then we shouldn’t shy away from this.

Impeachment has failed. The 25^th Amendment has failed. After the Supreme Court Decision Trump vs United States, removing an amoral or criminal president became completely dependent upon the bravery of Congress and a president’s cabinet. We can blame Congress all we want but if they refuse to do their duty, then we clearly need something else. That “something else” was supposed to be the law but the Supreme Court took that away. We need to get it back.

Impeachment after the midterms won’t save us either. Not only will the (former) president leave with immunity and bribes intact, but he will pre-pardon everyone out the door and VP Vance will come in with the same powers and same playbook.

The President of the United States was never supposed to have immunity. “Immunity” is the power of kings and dictators, not presidents. Being able to jail your own president is the difference between democracy and autocracy. Even Brazil, which isn’t the best example of democracy, has been able to incarcerate a president. And now, the oldest and once most respected democracy on Earth can’t indict a president who has committed a crime?

“Immunity” with pardon powers is a currency more corrupting than money. If Democrats fail to reform presidential powers during the next administration, then we have only ourselves to blame when we inevitably get a Donald J Trump clone as a future president.

Note from the Author: This piece is a Call to Action. I hope you will agree it is not enough to read this and move on. If you demonstrate at #NoKings, please consider making your sign “No Pardons, No Immunity”. Please ask whether your Congressmen and candidates support reforming presidential powers, specifically the Pardon Powers and Presidential immunity, at Town Halls. Please send this piece to your Congressman and Senator and candidates running for office. I would hope they would instantly grasp its significance. Whoever asks the question first is the one who wins—and that applies to Republicans and Independents as well. If a Republican such as Chris Christie were to bring this issue up and run on it, he might very likely win the Presidency in 2028.