The Real Danger in Trump’s Presidential Immunity Argument

Back when I used to be a lawyer, there were times when I had to argue a very tough case.

When I represented people accused of crimes, I never asked “Did you do it?”. I viewed that question as needlessly confrontational and frankly, irrelevant. My job was not to prove that the defendant “didn’t do it”. It was to make sure that the state didn’t put anyone in jail without giving them a fair trial where all of the state’s evidence was vigorously tested. If the prosecutor couldn’t prove her case beyond a reasonable doubt, my client deserved to be found not guilty, whether he ate the nuns or not. And yes, I probably did represent a disproportionate number of nun eaters back in the day.

Instead, I asked a different question upon meeting a new prospective client. “Why do the police THINK you did it?”. This invites the defendant to tell me about all of the evidence the police may have without forcing him into some awkward confession or (potentially) starting off our relationship with a lie.

Sometimes the defendants were very forthcoming, which it really was in their interest to be. But others saw it differently.

I remember one case where the defendant was accused of robbing a 7–11 in Allentown. When I asked him why he had been arrested, he said “I have no idea”. When I tried to…