Petty, Little Trump Could Still Persecute Liz Cheney (R-WY) by SLAPP (Strategic Lawsuit Against Public Participation)

Trump is such a petty, vindictive, little man that he wants to persecute military generals in military tribunals and political opponents to face a firing squad.

‘Law is stacked against’: Expert warns Liz Cheney Trump can still destroy her in court

Story by Travis Gettys. February 17, 2025

  1. Trump’s Threats: Donald Trump has threatened to investigate, prosecute, and even execute his perceived enemies, including Liz Cheney.
  2. Legal Expert’s Warning: A legal expert, Kimberly Wehle, warns that the law is stacked against Trump’s targets, as there are few protections against vindictive prosecutions.
  3. [Biden’s](bidenwhitehouse.archives.gov/) Preemptive Pardons: President Joe Biden issued preemptive pardons to some of Trump’s presumed targets, but these pardons do not shield them from subpoenas or other legal unpleasantries.
  4. Challenges for Cheney: If subpoenaed, Liz Cheney would need to seek court protection and could no longer cite the Fifth Amendment right to avoid self-incrimination on topics covered by the pardon.
  5. Potential for Vindictive Prosecutions: Trump could initiate criminal investigations into matters not covered by the pardon, such as Cheney’s tax history or banking transactions.
  6. Legal Routes and Challenges: Cheney could claim selective, malicious, or vindictive prosecution, but mounting a defense or filing a civil lawsuit would be challenging and unprecedented.

Yes, members of Congress do have certain legal protections while performing their duties43dcd9a7-70db-4a1f-b0ae-981daa162054. These protections are primarily outlined in the Speech or Debate Clause of the U.S. Constitution (Article I, Section 6, Clause 1)43dcd9a7-70db-4a1f-b0ae-981daa162054. Here are the key points:

  1. Privilege from Arrest: Members of Congress are generally protected from arrest while attending a session of their respective Houses, traveling to and from sessions, and during any speech or debate in either House43dcd9a7-70db-4a1f-b0ae-981daa162054. This protection does not extend to cases of treason, felony, or breach of the peace43dcd9a7-70db-4a1f-b0ae-981daa162054.

  2. Speech or Debate Clause: This clause ensures that members of Congress cannot be questioned in any other place for any speech or debate in either House43dcd9a7-70db-4a1f-b0ae-981daa162054. This means they are immune from civil suits and criminal prosecutions related to their legislative activities43dcd9a7-70db-4a1f-b0ae-981daa162054.

  3. Scope of Immunity: The immunity covers all acts that occur in the regular course of the legislative process, including legislative fact-finding and other activities related to their official duties43dcd9a7-70db-4a1f-b0ae-981daa162054.

These protections are designed to ensure that members of Congress can perform their legislative functions without fear of interference or intimidation from the executive branch or other entities43dcd9a7-70db-4a1f-b0ae-981daa162054.

University of Baltimore law professor Kimberly Wehle published a column for Politico Magazine

“Unfortunately for those on Trump’s bad side, the law is pretty much stacked against them. That’s because not only is there no meaningful legal mechanism for a target to push back against vindictive or baseless investigations, the law on vengeful prosecutions has little teeth. Both were built on the presumption that prosecutors, with rare exceptions, act in good faith.”

“Trump’s threats have turned that presumption on its head.”

“The pardon would not shield Cheney from subpoenas and other unpleasantries arising from an investigation. If slapped with a subpoena for testimony or documents, Cheney would have to employ counsel to seek a court order protecting her from having to respond.”

“The Supreme Court has never ruled on whether a pardon can quash a subpoena. Preemptive pardons that anticipate future investigations — like those Biden gave the Jan. 6 committee members, Dr. Anthony Fauci, Gen. Mark Milley and five Biden family members — are largely unprecedented, with the prominent exception of President Gerald Ford’s pardon of Richard Nixon for his involvement in Watergate.”

Cheney’s acceptance of a pardon would also make it hard for her to refuse to testify because she could no longer cite a Fifth Amendment right to avoid self-incrimination on topics covered by the pardon. Trump could also initiate criminal investigations into matters not covered by the pardon, such as her tax history or banking transactions.

“If Trump carries through by prosecuting Cheney for something unrelated to the Jan. 6 committee, the current state of the law offers two routes for her to claim selective, malicious or vindictive prosecution: mounting a defense to a criminal prosecution or filing a separate civil lawsuit. Neither is easy.”

Targets could attempt a selective prosecution defense, but Wehle said that also faces significant hurdles.

“Cheney could try and argue that Trump’s public statements attacking her irreparably damaged her right to due process by undermining the presumption of innocence and unfairly prejudicing jurors against her. The scope and precision of Trump’s vitriol is unprecedented, particularly for a person now at the apex of the federal criminal justice system. For this very reason, DOJ guidelines frown on prosecutors commenting on pending cases.”

But as long as the Trump’s Department of Justice can provide a shred of evidence, no matter how flimsy, to suggest Cheney might have committed a crime, it might not matter that her prosecution was motivated by revenge – and the situation is so unprecedented that there’s no case law to guide the courts.

“So far, however, there are no published cases involving similar facts — because no prior president overtly promised to use the Justice Department as an arm of personal vengeance, let alone secured the White House in an election touting that conviction. Any court considering a case alleging that Trump’s rhetoric triggered a vindictive prosecution defense would be addressing a number of legal issues for the first time.”

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