Matt Gaetz reportedly likes to commit crimes, from child sex trafficking to illegal drugs to money laundering. Hell, he’s even been known to do some raunchy things that aren’t technically crimes, but still unsavory nonetheless.
Straying far afield from the intent of the laws into an overtly corrupt purpose (which itself is a crime for a public official), Gaetz lays out a convoluted plan to use the power of the House to undertake a clearly partisan plan to attack senior administration leaders and then use a trick to grant Trump an effective pardon by having him testify to a Republican-run House committee, citing Congress’s ability to issue immunity under 18 U.S. Code § 6002.
Gaetz, a purported lawyer, misses a few key elements, however: such an offer of immunity provides that the committee question the witness and the witness provide honest testimony. For the immunity to hold, Trump would have to confess to literally everything he is accused of, on the record, in front of a Congressional committee comprised of both Republicans and Democrats. He would have to undergo questioning by Democratic members and/or committee counsel. And importantly, he cannot lie, otherwise he can still be charged with the crime and then have a count of perjury thrown on top of it.
Two other considerations for Gaetz to remember: Congressional immunity is very limited in scope and only extends to the information relevant to the legislative function or to information exclusively given in the committee testimony. So while Trump’s words spoken to the committee cannot be used against him in court, independent evidence and testimony can be, including everything he did and said prior to the issuance of Congressional immunity. (It’s not a pardon; it’s immunity from having testimony before Congress used against you.) But more importantly, for Gaetz’s sake, unlike Presidential pardons, Congressional immunity can be revoked by the courts if the intent in providing that immunity is corrupt. Corrupt like, y’know, circumventing the obvious intent and function of the law to provide political favor to an ally. And corruption gets prosecuted in criminal court.
For the nation, however, such a stunt would solidify a two-tier justice system: one for Americans and one for the most powerful Republicans. It’s not for your run-of-the-mill GOP voter, don’t ya know: any other person who Venmo’ed his payment for an underage prostitute to his convicted sex-trafficker friend would be in jail by now. Gaetz’s screed demonstrates the corrupt intent of Republicans in future elections: it’s not about governance; it’s about unmitigated power to act without consequence.
The GOP is a joke.