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Trump with his fist raised outside Trump Tower


Trump Immune from Prosecution Due to Lack of Impeachment, NCLU Legal Theory Argues

Former President Donald Trump cannot be found guilty of the charges against him because he was not first impeached, a legal theory argues

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A legal theory suggests that 45th President Donald Trump cannot be convicted of many of the charges against him, particularly those related to his claims about the 2020 election, because he was not first impeached by Congress and convicted in the Senate in his position as President of the United States.

The legal theory, published by the National Constitutional Law Union (NCLU), cites recent court decisions to assert that the Supreme Court’s recent Dobbs and Bruen decisions allow for Trump and his lawyers to argue that all actions a president takes while in office must be considered legal unless the chief executive is successfully impeached.

According to NCLU, the legal theory essentially posits, “Could George Washington have been prosecuted if he took similar actions and if the relevant statutes existed while he was President?” The non-profit social welfare organization answers, “If the answer is ‘no,’ then it is equally improper to prosecute Mr. Trump under these indictments, given that Bruen and Dobbs mandate that all constitutional provisions be applied in accordance with their fixed meaning in 1787-1789.”

NCLU Executive Director Gavin Wax told Valiant News the failed attempt to impeach Trump after he left office in 2021 would strengthen the legal theory. “His acquittals only strengthen this case,” said Wax, adding that the legal theory was “articulated in a vacuum.”

Wax posted the legal theory to X, formerly Twitter, including a link to the 17-page legal memorandum. Wax also called it “the best legal strategy” for Trump, and suggested it will “set precedent to prevent this nonsense from happening again in the future.”

In addition to the new federal charges recently introduced by special counsel Jack Smith, the former president was also charged by a Democratic prosecutor in Georgia with claims that he engaged in racketeering and other crimes when contesting the results of the 2020 election.

Trump continues to poll first for the Republican nomination, and more than half of Republicans in the key primary state of New Hampshire said they would vote for the former president even if he were convicted on some or all of the charges against him. Many also said they would support Trump’s presidential bid if he were in prison.

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Written By

Tom Pappert is the Editor-in-Chief of Valiant News. He has worked in political news and commentary since 2015, when he began supporting Trump on a left wing college campus. You can follow him on Twitter @realTomPappert, on Gab @realGodEmperorTrump, on Facebook at Tom Pappert, or see his other social media by visiting Tips can be sent securely to [email protected].



  1. Avatar


    August 15, 2023 at 4:20 pm

    I sure hope this is very true. This would really make the LOUSY Dems angry.

  2. Avatar


    August 15, 2023 at 4:37 pm

    I’m praying that they are right as all of this is just plain nonsense! Plus the New York case should be thrown out as it came to light from the violation of the terms of the settlement agreement (that had no admission of guilt). Nondisclosure is a legal and binding obligation when a settlement is reached and should not be subject to investigation of the payor and where the funds came from that are paid. The purpose of this type of agreement is to protect the interests of the payor and maintain privacy. Any disclosure of attorney/client privilege by an attorney should automatically result in the termination of their law license and a large fine payable to the client and another paid to the Court and the law association. Attempting to press a number of criminal charges against someone when a whole case is brought based on a single allegation has to be a violation of the Rule of Law. I am totally disgusted with our legal system today and this is just one more “in your face “ example!

    • Avatar

      Lawrence M

      August 17, 2023 at 1:38 pm

      Janet; spot-on and I agree! All that these corrupt officials are doing is watching this once great nation slide over the precipice and into the abyss! Look at the total breakdown in morality and rule of law across this nation, especially in deep blue states or jurisdictions!
      I’m praying too.

  3. Avatar


    August 15, 2023 at 4:48 pm

    AAAHHHhahahahahahahahahahahahahahahahah, cough, choke, gag, fa*t, burp, ahahahahahahahahahahahahahahahahahahah

  4. Avatar


    August 15, 2023 at 7:04 pm

    Trump has the right to question outcomes of elections hes involved in. Case precedence is Bush vs Gore in which Bush overturned that election. This is an attempt by democrats to silence objections in elections. Total control.

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      Lawrence M

      August 17, 2023 at 1:47 pm

      Fang747; correct and this is only another example of the out of control criminals in our government that have appointed themselves as the “supreme rulers” or even “judge, jury and executioner!”
      If this keeps up America is fast becoming a land of lawlessness or the new Sodom and Gomorrah; a world where one generation will spawn the next generation of even worse heathen savages! That is until the corrupt government pounds down like a giant sledgehammer on the populace with totalitarian oppression, as it was done in China or even perhaps like North Korea! Right now what they allow is only to keep the public off balance and at each other’s throats; like they did in the Ancient Roman Empire when they gave the people “Bread and Circus!”

      Are you noticing how many more surveillance cameras are being installed throughout along with 5G! There appears to be a nefarious plan by these criminal leaders to not just hold onto power but to make sure it’s “absolute!” Now it seems that George Orwell wasn’t too far out there, with his imagination in writing his “1984!”

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    August 15, 2023 at 11:50 pm

    I would vote for Pres. Trump and time any day.

  6. Avatar

    Rebecca Holstine

    August 15, 2023 at 11:55 pm

    I am voting for Trump again. Even if he is not on the ballot, I will write him in.

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    August 16, 2023 at 2:18 am

    I hope this theory turns out to be in T.’s favor.
    He and the rest of us can use a break.

  8. Avatar


    August 16, 2023 at 4:15 pm

    I agree. The Constitution trumps everything. The supreme LAW of the land. If they put in jail or they hobble him enough to cause him to lose there will be trouble in this new Marxist paradise.

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      Lawrence M

      August 17, 2023 at 1:57 pm

      billi; correct on these points! Marxism is the snake that’s been allowed to coil itself around our Constitutional Republic’s heart and its attempting to not only control it but squeeze the life blood out of it to finish it off!
      This snake needs to be completely eradicated!

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