Mitch McConnell Breaks With Trump on Absolute Presidential Immunity

As the Supreme Court weighs whether Donald Trump is shielded from prosecution for acts committed while president, Senate Minority Leader Mitch McConnell (R-KY) said he opposes Trump’s view of absolute immunity.

McConnell spoke with Meet the Press moderator Kristen Welker Thursday for a pre-recorded interview set to air Sunday.

During their talk, Welker inquired whether McConnell stood by his February 2021 comment—made just after he voted to acquit “shameful” Trump during his Jan. 6-related impeachment trial—that former presidents are not immune from criminal prosecution.

“As we sit here, Donald Trump's attorneys are arguing before the Supreme Court that presidents are immune from criminal prosecution for actions that they take while they are in office. Do you agree with that argument?” she asked.

McConnell didn’t seem to understand the question, responding instead about what the conservative-majority high court will decide.

“We’re going to find out, aren’t we? I mean, the Supreme Court is going to deal with that direct issue that I was referring to on February 13th of 2021, and I think we’ll find out sometime soon,” he replied.

When Welker asked again if he himself supported that far-reaching notion of presidential immunity, McConnell’s answer was clear.

“Obviously, I don’t think that,” McConnell said, before again referencing the Supreme Court. “But it’s not up to me to make that decision. The president clearly needs some kind of immunity, or he’d be in court all the time. So we’ll see how the Supreme Court deals with it.”

Welker then followed up for clarity three more times. Each time, McConnell for some reason included in his response the fact that the Supreme Court—not him—would be making that determination.

“Just to be very clear, you said former presidents are not immune from being held accountable. Do you stand by those comments?” Welker asked.

“That was my view, but I don’t make that decision. The court—” McConnell said, prompting Welker to reiterate her question.

“That’s my view. But my view is only my view. I mean, the court is going to decide,” McConnell said once more.

And again, Welker asked if he stood by his comments from three years ago. McConnell said he did, but with the same qualification.

“I do, but how many times do I have to say it: I’m not on the Supreme Court. I don’t get to make the final decision on that.”

While the Supreme Court deliberates, Trump’s criminal trial in Washington, D.C., for his role in the Jan. 6 insurrection is on hold. A decision could come as late as July.

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